PROPOSED  CHARTER 

OF  THE 

CITY  OF  MARQUETTE, 

STATE  OF  MICHIGAN. 


PREAMBLE. 

The  electors  of  the  City  of  Marquette,  in  the  County  of  Marquette 
and  State  of  Michigan,  pursuant  to  the  authority  granted  them  by  the 
constitution  and  general  laws  of  said  state,  hereby  revise  the  Charter 
of  the  City  of  Marquette  to  read  as  follows: 

CHAPTER  1. 

. INCORPORATION. 

Section  1.  Corporate  Name.  The  municipal  corporation  heretofore 
created  and  now  known  as  the  “City  of  Marquette,”  shall  remain  and 
continue  a body  corporate  and  politic  under  the  name  and  title  of  the 
“City  of  Marquette”,  and  under  that  name  shall  have  perpetual  succes- 
sion and  shall  have  power: 

(A) .  Powers  Now  Possessed.  To  exercise  and  enjoy  all  the  rights, 
immunities,  benefits,  privileges  and  franchises  now  possessed,  enjoyed, 
owned,  or  held  by  it;  and  shall  be  subject  to  all  the  duties  and  obliga- 
tions now  pertaining  to,  or  incumbent  on,  said  city  as  a corporation  not 
inconsistent  with  the  provisions  of  this  Charter. 

(B) .  Corporate  Seal.  To  make,  have  and  use  a corporate  seal.  The 
corporate  seal  now  in  use,  and  adopted  by  the  city,  shall  be  the  seal  of 
the  corporation  until  the  same  is  changed  by  act  of  the  commission. 

(C) .  Power  to  Sue,  Etc.  To  sue  and  be  sued  in  all  actions  and  pro- 
ceedings whatever,  and  take  all  necessary  action  to  prosecute  or  defend 
the  same. 

(D) .  To  Receive  Bequests,  Etc.  To  receive  bequests,  gifts,  dona- 
tions and  devises  of  all  kinds  of  property  situated  within  or  without  the 
city,  to  be  held  in  fee  simple,  or  in  trust  for  public,  charitable,  or  other 
municipal  purposes. 

(E) .  Powers.  To  exercise  and  enjoy  all  such  corporate  powers  as 
are  hereinafter  conferred  by  this  Charter,  together  with  such  implied 


afid  incidental  powers  as  are  possessed  by  municipal  corporations  in 
this  state. 

(F) .  Control  Property.  To  exercise  all  municipal  powers  in  the 
management  and  control  of  municipal  property,  and  in  the  administra- 
tion of  the  municipal  government,  whether  such  powers  be  expressly 
enumerated  or  not. 

(G) .  Prosperity,  Good  Government.  To  do  any  and  all  acts,  to  ad- 
vance the  interest  of  the  city,  the  good  government  and  prosperity  of 
the  municipality  and  its  inhabitants,  and  through  its  regularly  con- 
stituted authority  pass  all  laws  and  ordinances  relating  to  its  municipal 
concerns,  subject  to  the  constitution  and  general  laws  of  the  state. 

Sec.  2.  The  territory  embraced  in  and  constituting  said  city  shall 
be  fractional  Section  one  (1);  fractional  Section  two  (2);  the  southeast 
quarter  (SE  %)  of  Section  eight  (8);  the  southwest  quarter  (SW  %) , 
west  half  of  southeast  quarter  (Wy2  of  SE  y4)  and  southeast  quarter 
of  southeast  quarter  (SE  % of  SE  y4)  of  Section  nine  (9);  the  south 
half  of  the  south  half  (Sy2  of  S y2)  of  Section  ten  (10) ; fractional 
Sections  eleven  (11),  except  west  half  of  northwest  quarter  (W  y2  of 
NW  y4),  thirteen  (13)  and  fourteen  (14);  entire  Section  fifteen  (15); 
the  northeast  quarter  of  the  northeast  quarter  (NE  % of  NE  %)  of 
Section  twenty-one  (21);  entire  Section  twenty-two  (22);  fractional 
Sections  twenty-three  (23),  twenty-four  (24)  and  twenty-six  (26);  en- 
tire Sections  twenty-seven  (27),  thirty-four  (34)  and  thirty-five  (35) 
and  fractional  Section  thirty- six  (36),  in  Township  forty-eight  (48) 
North  of  Range  twenty-five  (25)  West. 

Sec.  3.  Harbor  Limits.  The  harbor  of  the  City  of  Marquette  is  here- 
by defined  and  declared  to  be  embraced  within  the  following  limits,  viz: 
r'  Commencing  at  a point  on  the  shore  of  Lake  Superior  where  the  west 
boundary  of  said  city  strikes  the  shore;  thence  north  one  mile;  thence 
east  on  a line  to  a point  therein  intersected  by  a line  drawn  north  from 
the  point  where  the  south  boundary  of  the  city  strikes  the  shore  of 
Lake  Superior;  thence  southerly  on  said  line  to  said  last  mentioned  point 
on  said  shore;  thence  northerly  along  the  line  of  said  shore,  following 
the  meandering  thereof  to  the  place  of  beginning;  and  any  offense  com- 
mitted against  the  laws  and  ordinances  of  the  City  of  Marquette,  within 
said  limits,  shall  be  deemed  and  considered  as  having  been  committed 
within  the  limits  of  the  City  of  Marquette. 

CHAPTER  2. 

WARDS,  PRECINCTS  AND  VOTING  DISTRICTS. 

Section  1.  Ward.  All  wards  heretofore  existing  in  said  city  are 
hereby  abolished  and  said  city  shall  hereafter  consist  of  one  ward. 

Sec.  2.  Five  Precincts.  The  city  is  hereby  divided  into  five  pre- 
cincts, the  boundaries  of  which  shall  be  as  follows: 

Precinct  No.  1 shall  embrace  all  that  portion  of  the  city  lying  south 
of  the  following  line:  beginning  at  a point  on  the  shore  of  Lake  Su- 
perior where  the  center  line  of  Rock  street  produced  easterly  intersects 


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said  shore  line  and  running  thence  westerly  along  said  center  line  to 
the  center  line  of  Seventh  street;  thence  northerly  along  the  line  of 
Seventh  street  to  the  east  and  west  center  line  of  Sections  twenty-two 
and  twenty-three;  and  thence  westerly  along  the  center  line  of  said 
section  to  the  western  boundary  of  said  city. 

Precinct  No.  2 shall  embrace  all  that  portion  of  the  city  lying  be- 
tween the  last  above  boundary  line  and  the  center  line  of  Washington 
street  produced,  easterly  to  the  shore  of  Lake  Superior  and  westerly  to 
the  western  boundary  of  the  city. 

Precinct  No.  3 shall  embrace  all  that  portion  of  the  city  lying  north 
of  the  last  mentioned  boundary,  east  of  the  center  line  of  Front  street 
to  the  center  line  of  Fair  avenue  and  south  of  the  following  line:  be- 
ginning at  the  center  of  the  intersection  of  Front  street  and  Fair  ave- 
nue, running  thence  cast  on  the  center  line  of  Fair  avenue  to  the  center 
of  its  intersection  with  Pine  street;  thence  northerly  on  the  center 
line  of  Pine  street  to  the  north  line  of  Section  fourteen;  thence  east  on 
said  section  line  to  the  shore  of  Lake  Superior. 

Precinct  No.  4 shall  embrace  all  that  portion  of  the  city  lying  north 
of  the  center  line  of  Washington  street,  west  of  the  center  line  of  Front 
street  and  south  of  the  following  line:  beginning  at  the  center  of  the 
intersection  of  Front  street  and  Hewitt  avenue  and  running  thence 
west  on  the  center  line  of  Hewitt  avenue  to  the  center  of  its  intersection 
with  Seventh  street;  thence  north  on  the  center  line  of  Seventh  street 
to  the  north  line  of  Section  twenty-three,  and  thence  west  on  the  north 
line  of  Sections  twenty-three,  twenty-two  and  twenty-one  to  the  western 
boundary  of  the  city. 

Precinct  No.  5 shall  embrace  all  the  remaining  portion  of  the  city. 

Sec.  3.  Change  of  Boundaries.  The  commission  may  from  time  to 
time  change  the  boundaries  of  said  precincts,  but  the  number  shall  re- 
main five  until  this  Charter  shall  be  amended. 

Sec.  4.  Voting  Precincts.  Until  otherwise  provided  by  ordinance, 
each  precinct  shall  be  a voting  district.  The  commission  may  sub- 
divide any  precinct  into  two  or  more  voting  districts  in  its  discretion. 
No  such  division  shall  be  made  within  thirty  days  next  preceding  any 
election. 

Sec.  5.  New  Registration.  In  case  of  any  change  of  boundary  of 
precinct  or  sub-division  of  precinct  into  voting  districts  there  shall  be 
a new  registration  of  the  electors  of  those  precincts  whose  boundaries 
are  thus  changed,  and  when  a precinct  shall  be  divided  into  two  or  more 
voting  districts,  separate  registration  lists  shall  be  prepared  by  the 
Board  of  Registration  for  each  of  said  voting  districts. 

Sec.  6.  Voting  Places.  The  commission  shall  designate  a place  in 
each  voting  district  for  holding  elections. 

CHAPTER  3. 

ELECTIVE  OFFICERS. 

Section  1.  Elective  Officers.  The  following  officers  of  the  corpora- 
tion shall  be  elected  at  large  by  the  qualified  electors  of  the  whole  city, 

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voting  in  their  respective  precincts,  viz:  Mayor,  four  commissioners, 
five  supervisors,  two  justices  of  the  peace  and  two  constables.  The 
term  of  office  of  the  mayor  and  of  the  commissioners,  except  those 
elected  at  the  first  election  hereunder,  shall  be  five  years,  and  the  term 
of  office  of  constable  shall  be  four  years,  all  commencing  on  the  first 
day  of  January  succeeding  their  election.  The  term  of  office  of  super- 
visor shall  be  two  years,  commencing  on  the  first  Monday  in  April  next 
succeeding  his  election,  and  the  term  of  office  of  the  justices  of  the 
peace  shall  be  four  years  and  shall  commence  on  the  fourth  day  of  July 
next  succeeding  their  election. 

Sec.  2.  Election  of  Mayor  and  Commissioners.  At  the  first  election 
hereunder  there  shall  be  elected  one  mayor  for  the  term  of  four  years 
and  eleven  months ; one  commissioner  for  three  years  and  eleven  months ; 
one  commissioner  for  two  years  and  eleven  months;  one  commissioner 
for  one  year  and  eleven  months,  and  one  commissioner  for  eleven 
months;  and  at  every  fifth  annual  election  thereafter  there  shall  be 
elected  one  mayor  for  full  term  and  at  each  annual  election  thereafter, 
except  when  a mayor  for  full  term  shall  be  elected,  there  shall  be  elected 
one  commissioner  for  full  term. 

Election  of  Supervisors,  Justices  and  Constables.  At  the  annual 
city  election  held  in  the  year  1914  and  biennially  thereafter  there  shall 
be  elected  five  supervisors,  one  justice  of  the  peace  and  one  constable. 

The  said  officers  shall  serve  until  their  successors  are  elected  and 
have  qualified,  unless  otherwise  provided  in  this  charter.  The  present 
incumbents  of  the  offices  of  supervisors,  justices  of  the  peace  and  con- 
stables shall  severally  serve  during  the  remainder  of  their  respective 
terms  of  office. 

Sec.  3.  Supervisors  Nominated  by  Precincts.  One  supervisor  shall 
reside  in,  and  be  nominated  by  the  qualified  electors  of  each  of  the  five 
precincts  of  said  city. 

Sec.  4.  Vacancies.  A vacancy  shall  exist  in  any  office  when  the  can- 
didate elected  thereto  shall  fail  to  qualify  within  ten  days  after  receiv- 
ing certificate  of  election,  or  when  he  dies,  resigns,  is  removed  from 
office,  removes  from  the  city,  absents  himself  or  fails  to  perform  the 
duties  thereof  for  ninety  days  continuously  or  is  convicted  of  felony. 

Sec.  5.  Eligibility.  No  person  shall  be  eligible  to  any  elective  office 
unless  he  shall  then  be  an  elector  and  shall  have  been  a resident  of  said 
city  for  at  least  three  years,  and  no  person  shall  be  eligible  for  mayor 
unless  he  shall  have  reached  the  age  of  thirty  years. 

Sec.  6.  Compensation.  The  said  mayor  and  commissioners  shall  re- 
ceive out  of  the  city  treasury  each  the  sum  of  three  dollars  for  each  and 
every  meeting  of  the  commission  actually  attended  by  them. 

CHAPTER  4. 

REGISTRATION  OF  ELECTORS. 

Section  1.  Registrar.  At  least  thirty  days  before  each  annual  city 
election  the  commission  shall  appoint  an  elector  from  each  voting  pre- 
cinct, who  shall  be  known  as  registrar,  to  take  charge  of  and  care  for 


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the  registration  of  electors  in  that  precinct  at  all  elections  held  during 
his  term  of  office.  He  shall,  at  least  fifteen  days  before  the  time  desig- 
nated for  posting  notices  of  registration,  revise  the  registration  list  of 
his  precinct  for  publication,  striking  therefrom  the  names  of  electors 
known  by  him  to  have  died  or  removed  from  the  precinct. 

Term  of  Office.  Such  registrar  shall  hold  his  office  for  one  year  and 
until  his  successor  has  been  duly  appointed  and  has  qualified.  Vacan- 
cies may  be  filled  at  any  time  by  the  commission.  The  registrars  shall 
be  paid  three  dollars  per  day  for  each  day  actually  engaged  in  their 
work. 

Sec.  2.  Board  of  Registration.  The  five  registrars  above  described 
shall  constitute  the  Board  of  Registration  for  the  City  of  Marquette. 
The  place  of  registration  of  the  several  election  precincts  shall  be  in  the 
City  Hall,  and  the  Board  of  Registration  shall  be  in  session  on  the  sec- 
ond Friday  and  Saturday  preceding  each  election,  and  shall  be  in  session 
from  eight  o’clock  a.  m.  to  eight  o’clock  p.  m.  of  each  day. 

May  Administer  Oaths.  Such  registrars  shall  have  power  to  admin- 
ister oaths  and  perform  all  duties  imposed  under  the  general  registra- 
tion laws  of  the  state  relating  to  registration  of  electors. 

Sec.  3.  General  Law  to  Govern.  Except  as  otherwise  provided  in  this 
Charter  the  general  law  shall  govern  as  to  all  matters  relating  to  the 
registration  of  electors. 

Sec.  4.  Notice  of  Registration.  At  least  five  days  previous  to  the 
commencement  of  any  session  of  the  Board  of  Registration,  the  board, 
at  the  expense  of  the  city,  .shall  cause  a notice  thereof  to  be  printed 
and  published  in  one  or  more  newspapers  in  such  city,  designating 
the  time  and  place  of  holding  the  same,  and  shall  also  cause  the  same 
notice  to  be  printed  in  hand  bill  form  and  posted  up  in  at  least  ten  con- 
spicuous places  in  each  voting  district,  which  hand  bill  shall  also  contain 
a true  copy  of  the  list  of  names  then  appearing  upon  the  registration 
list  for  that  district. 

Sec.  5.  Electors.  All  inhabitants  of  said  city  having  the  qualifica- 
tions of  electors  under  the  constitution  of  the  State  of  Michigan,  and 
having  resided  in  the  city  for  twenty  days,  and  no  others,  shall  be 
electors  of  said  city.  Every  elector  shall  vote  in  the  precinct  where 
he  shall  reside.  Change  of  residence  from  one  precinct  to  another  shall 
not  disqualify  a resident  otherwise  qualified  from  voting  if  registration 
be  made  as  hereinafter  provided.  The  residence  of  any  elector  not  being 
a householder  shall  be  deemed  to  be  in  the  precinct  in  which  is  located 
his  regular  place  of  lodging. 

Sec.  6.  Re-Registration.  A general  re-registration  of  all  the  electors 
of  said  city  shall  be  held  at  the  session  of  the  Board  of  Registration 
preceding  the  general  election  in  the  year  1916  and  every  fourth  year 
thereafter. 

Sec.  7.  Registration  Lists.  Until  changed  as  provided  by  statute, 
the  registration  and  re-registration  list,  made  just  prior  to  the  general 
election  in  the  year  1912  in  each  of  the  several  precincts,  and  the  regis- 
tration added  thereto  from  time  to  time  as  herein  provided,  shall  be 

5 


and  constitute  the  registration  list  for  the  precincts  in  this  Charter 
designated. 

Precinct  No.  1 shall  have  the  registration  list  of  Ward  No.  1. 

Precinct  No.  2 shall  have  the  registration  list  of  Ward  No.  2. 

Precinct  No.  3 shall  have  the  registration  list  of  Ward  No.  3. 

Precinct  No.  4 shall  have  the  registration  list  of  Ward  No.  4. 

Precinct  No.  5 shall  have  the  registration  list  of  Ward  No.  5. 

Sec.  8.  Registration  on  Election  Day.  On  any  election  day  registra- 
tion certificates  of  the  registration  of  an  elector  in  one  precinct  from 
which  he  may  have  moved  shall  be  recognized  in  the  precinct  where  the 
elector  resides.  An  elector  residing  in  the  city  who  is  otherwise  duly 
qualified  to  vote  and  who  is  registered  in  any  precinct  in  the  city,  may 
be  registered  in  the  precinct  where  he  then  resides  on  any  election  day 
on  the  presentation  of  a certificate  from  the  chairman  of  the  election 
board  where  registered  to  the  chairman  of  the  election  board  in  the  pre- 
cinct in  which  he  resides,  certifying  that  the  elector  is  duly  registered 
in  that  precinct,  and  thereupon  said  elector  may  register  in  the  precinct 
where  he  resides  and  be  entitled  to  vote  the  same  as  if  his  name  had 
been  registered  on  a regular  registration  day.  Whenever  a certificate 
of  transfer  is  issued  as  aforesaid,  the  chairman  of  the  board  issuing 
the  same  shall  immediately  cancel  the  registration  in  his  precinct  by 
noting  the  transfer  thereon.  Any  elector  who  would  be  entitled  to 
register  on  election  day  under  the  general  laws  of  the  state  shall  like- 
wise be  entitled  to  register  hereunder. 

CHAPTER  5. 

NOMINATIONS. 

Section  1.  Nominating  Petition.  Any  person  desiring  to  be  a can- 
didate for  any  of  the  offices  to  be  filled  at  any  municipal  election  shall, 
not  less  than  fifteen  days  nor  more  than  thirty  days  before  the  date 
of  the  next  preceding  primary  election,  file  with  the  city  clerk  a peti- 
tion signed  by  not  less  than  twenty-five,  nor  more  than  fifty,  qualified 
electors  of  the  city,  which  petition  shall  be  in  the  following  form: 

State  of  Michigan,  I 
County  of  Marquette,  Iss. 

City  of  Marquette. 

We,  the  undersigned  qualified  electors  of  the  City  of  Marquette  (or 

in  case  of  supervisor,  of  precinct  number of  the  City  of  Marquette), 

do  hereby  join  in  a petition  for  the  nomination  of.... 

residing  at  number , street,  for  the  office  of 

to  be  voted  for  at  the  primary  election  to  be  held 

for  the  nomination  of  candidates  to  be  voted  for  at  the  municipal 

election  to  be  held  on  the day  of A.  D.  19 

We  believe  him  to  be  of  good  moral  character,  well  qualified  for 
the  office  above  named,  and  that  he  is  not  the  candidate  of  any  com- 
mittee or  convention  of  any  political  party. 

Name.  Occupation.  Precinct.  Street  Number. 

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State  of  Michigan,  I 
County  of  Marquette,  Iss. 

City  of  Marquette. 

, being  first  duly  sworn,  says  that  he  is  the 

person  who  circulated  the  foregoing  petition,  and  that  the  statements 
contained  therein  are  true  to  the  best  of  his  knowledge  and  belief,  and 
that  the  signatures  thereto  are  genuine. 


Subscribed  and  sworn  to  before  me 
this day  of A.  D.  19 


Notary  Public. 

My  commission  expires 

Section  2.  Candidates’  Petition.  The  candidate  shall  within  the 
same  period  file  with  the  city  clerk  a request  and  an  affidavit  showing 
his  eligibility  for  the  office  sought,  which  shall  be  in  the  following 
form: 

State  of  Michigan,  'J 
County  of  Marquette,  Iss. 

City  of  Marquette. 


I,  , being  first  duly  sworn,  say  that  I reside  at 

number  , street,  in  the  City  of  Marquette,  County 


of  Marquette  and  State  of  Michigan;  that  I am  a qualified  voter  therein 
(and  in  case  of  mayor,  that  I am  thirty  years  of  age)  (and  in  case  of 
supervisor,  of  precinct  number  ....),  and  have  been  a resident  of  the 
city  for  three  years  last  past;  that  I am  a candidate  for  the  office  of 

to  be  voted  upon  at  the  primary  election  to  be  held  on  the 

day  of , 19. . . .,  and  I hereby  request  that  my  name 

be  printed  on  the  official  primary  ballot  for  nomination  by  said  primary 
election  for  said  cffice. 


Subscribed  and  sworn  to  before  me 
this. . . .day  of .A.  D.  19 


Notary  Public. 

My  commission  expires 

Sec.  3.  Supervisors.  Petitions  in  behalf  of  a candidate  for  the  of* 
fice  of  supervisor  can  be  signed  only  by  qualified  electors  residing  in 
the  precinct  from  and  for  which  he  is  a candidate. 

Sec.  4.  Blanks.  The  commission  shall  provide  and  furnish  a rea- 
sonable number  of  forms  of  the  above  petitions  to  individuals  upon 
application. 

Sec.  5.  Each  petition  shall  contain  the  name  of  one  candidate  and 
no  more. 

Sec.  6.  May  Sign  Only  One  Petition.  In  case  a qualified  elector 
shall  sign  the  petition  of  more  than  one  candidate  for  any  one  office, 
his  name  shall  be  counted  only  on  the  petition  first  filed  and  shall  be 

7 


stricken  by  the  clerk  from  all  other  petitions  for  that  office;  provided, 
however,  that  at  the  first  election  held  hereunder  any  qualified  elector 
may  sign  the  petitions  of  four  candidates  for  the  office  of  commis- 
sioner. 

Sec.  7.  Clerk  to  Verify  Names.  The  city  clerk  shall  verify  the 
names  on  the  petition  with  the  city  registration  lists,  and  if  the  peti- 
tion conforms  to  the  provisions  hereof  he  shall  cause  the  name  of  the 
candidate  to  be  printed  on  the  official  primary  ballot,  and  shall  at 
least  seven  days  previous  to  the  date  of  the  primary  election  mail  to 
each  candidate  a copy  of  said  ballot  for  the  purpose  of  correcting  any 
error  in  the  spelling  of  the  name  or  otherwise. 

Sec.  8.  Date  of  Primary  Election.  A primary  election  for  the  nom- 
ination of  candidates  for  all  elective  municipal  offices  shall  be  held  on 
the  second  Monday  preceding  each  municipal  election. 

Sec.  9.  Publication  of  Names.  Immediately  on  the  expiration  of 
the  time  for  filing  petitions  for  candidates,  the  city  clerk  shall  cause 
to  be  published  for  three  successive  days  in  all  the  daily  newspapers 
published  and  circulating  in  the  city  the  names  of  all  candidates  that 
are  to  appear  on  the  primary  ballot.  He  shall  also,  at  the  same  time, 
publish  a notice  of  said  primary  election,  giving  the  time  and  voting 
places  for  such  election. 

Sec.  10.  Order  of  Names.  The  names  of  the  candidates  for  the 
various  elective  offices  to  be  filled  at  the  next  municipal  election  shall 
appear  upon  the  official  primary  ballot  in  the  following  order: 

1st.  For  Mayor  (if  to  be  elected). 

2nd.  For  Commissioner  for  full  term  (if  to  be  elected). 

3rd.  For  Commissioner  to  fill  vacancy  (if  to  be  elected). 

4th.  For  Justice  of  the  Peace  (if  to  be  elected). 

5th.  For  Justice  of  the  Peace  to  fill  vacancy  (if  to  be  elected.) 

6th.  For  Supervisor  in  the  several  Precincts  (if  to  be  elected). 

7th.  For  Supervisor  to  fill  vacancy  (if  to  be  elected). 

8th.  For  Constable  (if  to  be  elected). 

9th.  For  Constable  to  fill  vacancy  (if  to  be  elected). 

There  shall  be  a square  printed  immediately  to  the  left  of  the  name 
of  each  candidate,  and  the  ballot  shall  contain  suitable  and  sufficient 
instructions  appropriately  placed  to  inform  the  voter  of  how  properly 
to  mark  his  ballot  and  for  how  many  candidates  to  vote  for  the  several 
offices. 

Sec.  11.  Ballots  to  Have  No  Party  Mark.  The  ballots  shall  be 
printed  on  pure  white  paper,  authenticated  with  a printed  facsimile  of 
the  signature  of  the  city  clerk  and  numbered  in  accordance  with  the 
state  law,  but  they  shall  have  no  party  mark  or  vignette,  or  any  other 
distinguishing  mark  whatever. 

Sec.  12.  Form  of  Ballot.  The  primary  ballot  shall  be  substantially 
in  the  following  form: 


8 


(Place  a cross  in  the  square  opposite  the  names  of  the  persona  you 
favor  as  candidates  for  the  respective  offices.) 

OFFICIAL  PRIMARY  BALLOT. 

Candidates  for  nominations  for  (name  offices)  of  the  City  of  Mar- 
quette at  the  primary  election  held  

For  Mayor — 

(Vote  for  one.) 

(Names  of  Candidates.) 

For  Commissioners — 

(At  first  election.) 

(Vote  for  four.) 

(Subsequent  election.) 

(Vote  for  one.) 

(Names  of  Candidates.) 

(If  to  fill  vacancy.) 

For  Commissioner  for Years — 

(Vote  for  one.) 

(Names  of  Candidates.) 

For  Justices  of  Peace — 

(Vote  for  one.) 

(Names  of  Candidates.) 

For  Supervisor,  Precinct — - 

(Vote  for  one.) 

(Names  of  Candidates.) 

For  Constable — 

(Vote  for  one.) 

(Names  of  Candidates.) 

Sec.  13.  Clerk  to  Prepare  Ballots.  The  city  clerk  shall  prepare  and 
have  printed  for  each  precinct,  and  shall  cause  to  be  delivered  at  the 
polling  place  in  that  precinct,  a number  of  said  ballots  equal  to  at  least 
twice  the  number  of  votes  cast  in  such  precinct  at  the  last  general 
municipal  election  for  the  office  of  mayor. 

Sec.  14.  Qualification  of  Voters  and  Challengers.  The  persons  who 
will  be  qualified  to  yote  at  the  succeeding  general  municipal  election 
shall  be  qualified  to  vote  at  such  primary  election.  Challenges  can  be 
made  by  not  more  than  one  person  in  each  precinct  for  each  candidate, 
and  the  law  applicable  to  challenges  made  at  a general  municipal  elec- 
tion shall  be  applicable  to  challenges  made  at  such  primary  election. 

Sec.  15.  Canvass  of  Votes.  The  Board  of  Election  Inspectors  shall 
immediately  upon  the  closing  of  the  polls  count  the  ballots  and  ascertain 
and  publicly  announce  the  number  of  votes  cast  in  such  precinct  for 
each  of  the  candidates  and  make  return  thereof  to  the  city  clerk  upon 
proper  blanks  to  be  furnished  by  said  city  clerk,  as  soon  as  practicable 
after  the  closing  of  the  polls. 

Sec.  16.  Canvassing  by  Commissioners.  On  the  day  following  a pri- 
mary election  the  commission  shall  publicly  canvass  the  returns  so  re- 
ceived from  all  the  precincts  and  shall  make  and  publish  in  all  the 
newspapers  of  said  city  at  least  once  the  result  thereof. 


9 


Sec.  17.  Determination  of  Candidates.  The  two  candidates  receiv- 
ing the  highest  number  of  votes  for  mayor  shall  be  the  candidates  and 
the  only  candidates  for  mayor  whose  names  shall  be  placed  upon  the 
official  ballot  for  the  next  succeeding  municipal  election,  and  the 
names  of  the  two  candidates  receiving  the  highest  number  of  votes  for 
commissioners,  and  no  others,  shall  be  placed  upon  the  ballot  as  candi- 
dates for  commissioner  at  such  election;  provided,  that  at  the  first 
election  hereunder  the  names  of  the  eight  candidates  for  the  office  of 
commissioner,  or  all  such  candidates  if  less  than  eight,  receiving  the 
largest  number  of  votes,  and  their  names  only  shall  be  placed  on  the 
ballot  as  candidates  for  commissioners  at  such  election.  The  names 
of  the  two  candidates  receiving  the  highest  number  of  votes  for  justice 
of  the  peace,  and  no  others,  shall  be  placed  upon  the  ballot  as  candidates 
for  justice  of  the  peace  at  such  municipal  election;  the  names  of  the 
two  candidates  for  the  office  of  supervisor  in  each  precinct  receiving  the 
highest  number  of  votes  shall  be  placed  upon  the  ballot  for  that  pre- 
cinct as  candidates  for  supervisor  for  that  precinct,  and  the  names  of 
the  two  candidates  receiving  the  highest  number  of  votes  for  constable, 
and  no  others,  shall  be  placed  upon  the  ballot  as  candidates  for  con- 
stable at  such  election.  The  names  of  all  candidates  placed  on  the 
ballot  at  either  a primary,  general  or  special  election,  where  more  than 
one  name  appears  for  any  office,  shall  rotate  in  accordance  with  the 
provisions  of  the  general  state  primary  law. 


CHAPTER  6. 

ELECTIONS. 

Section  1.  Municipal  Elections.  A municipal  election  shall  be  held 
in  the  City  of  Marquette  on  the  first  Monday  in  December  of  each  year 
for  the  election  of  all  such  elective  officers  of  said  city  as  are  provided 
for  in  this  Charter  and  required  by  the  general  laws  of  the  state. 

Sec.  2.  All  inhabitants  of  the  city  having  the  qualifications  specified 
in  Chapter  4 on  Registrations,  shall  be  entitled  to  vote  at  all  municipal 
elections. 

Sec.  3.  Ballot.  The  ballot  at  such  municipal  election  or  at  any  spe- 
cial municipal  election  called  for  the  purpose  of  electing  any  officer 
under  the  provisions  of  this  Charter  shall  be  in  the  same  general  form 
as  the  ballot  for  primary  elections  so  far  as  is  applicable,  and  such 
election  ballot  shall  be  printed  without  any  party  mark,  emblem,  vig- 
nette or  designation  whatever,  on  plain  substantial  white  paper,  and 
the  same  shall  be  printed  and  numbered  in  accordance  with  the  provis- 
ions of  the  general  laws  of  the  state  regulating  the  printing  and  num- 
bering of  ballots  at  general  elections. 

Sec.  4.  Board  of  Election  Inspectors.  It  shall  be  the  duty  of  the 
commission  at  least  ten  days  before  the  regular  primary  nominating 
election  held  under  the  provisions  of  this  Charter  to  appoint  a Board 
of  Election  Inspectors  for  each  of  the  voting  precincts  in  the  city.  Said 
board  shall  consist  of  the  registrar  for  said  precinct  and  three  other 


10 


electors  of  that  precinct,  all  of  whom  shall  hold  their  office  for  one  year 
and  until  their  successors  shall  have  been  appointed  and  have  qualified 
and  shall  be  the  inspectors  of  all  elections  held  in  the  City  of  Marquette 
during  their  term  of  office.  No  member  of  said  board  shall  be  qualified 
to  act  thereon  at  any  election  at  which-  he  is  a candidate  for  any  office. 

Sec.  5.  Vacancies.  If  at  the  opening  of  the  polls  at  any  election 
any  of  the  members  of  the  Board  of  Election  Inspectors  shall  not  be 
present  or  shall  fail  to  perform  the  duties  as  such  inspector,  or  be  dis- 
qualified to  act,  the  electors  present  at  such  election  precinct  may 
choose  vive  voce  such  number  of  electors  as,  with  the  inspector  or  in- 
spectors present  and  qualified  to  act,  shall  constitute  a board  of  four 
members,  and  such  electors  so  chosen  shall  be  inspectors  at  that  elec- 
tion during  the  continuance  thereof.  Each  inspector  of  election  shall 
receive  five  dollars  per  day  as  compensation. 

Sec.  6.  Officers  of  Board.  The  registrar  shall  be  the  chairman  of 
the  Board  of  Election  Inspectors,  and  the  chairman  shall  designate  one 
of  the  inspectors  to  act  as  clerk  and  shall  appoint  an  elector  to  act  as 
second  clerk,  and  such  number  of  gate-keepers  as  the  statute  shall  re- 
quire. To  such  gate-keepers  and  such  clerk  or  clerks,  and  inspector 
or  inspectors  so  appointed,  shall  be  administered  the  constitutional  oath 
by  any  commissioner  or  by  the  chairman  of  the~precinet  election  board, 
or  by  any  other  person  duly  authorized  to  administer  oaths.  The 
second  clerk  shall  receive  five  dollars  per  day,  and  the  gate-keepers 
shall  receive  three  dollars  per  day  as  compensation. 

Sec.  7.  Manner  of  Conducting  Elections.  All  elections  held  under 
the  provisions  of  this  Charter  shall  be  conducted,  the  votes  shall  be  can- 
vassed and  the  results  shall  be  announced,  as  nearly  as  may  be,  except 
as  herein  otherwise  provided,  in  the  manner  provided  by  law  for  the 
holding  of  general  elections  in  this  state.  The  inspectors  of  such  elec- 
tions shall  have  the  same  power  and  authority  for  the  preservation  of 
order  and  for  enforcing  obedience  to  their  lawful  commands  during  the 
time  of  holding  election  and  the  canvassing  of  the  votes  as  are  con- 
ferred by  law  upon  inspectors  of  general  elections  held  in  this  state. 

Sec.  8.  Canvassing  of  Votes.  The  commission  shall  convene  on 
Thursday  next  succeeding  each  election,  at  their  usual  place  of  meeting, 
and  publicly  canvass  the  results  of  the  election  upon  each  question 
and  proposition  voted  upon,  and  shall  canvass  the  votes  cast  and  de- 
termine what  persons  have  been  duly  elected  at  such  election  to  the 
several  offices  to  be  filled  at  that  election,  and  thereupon  said  city  clerk 
shall  make  duplicate  certificates  under  the  corporate  seal  of  the  city  of 
such  determination  showing  the  result  of  the  election  upon  any  ques- 
tion or  proposition  voted  upon  and  what  persons  have  been  declared 
elected  to  the  several  offices,  one  of  which  he  shall  file  in  his  office  and 
the  other  he  shall  file  in  the  office  of  the  county  clerk.  Certificates  of 
election  shall  also  be  issued  to  each  candidate  elected  to  the  several 
offices,  and  each  person  elected  to  any  office  in  the  City  of  Marquette 
under  the  provisions  of  this  Charter  shall,  within  ten  (10)  days  after 
receiving  the  certificate  of  his  election  to  any  office,  take  and  subscribe 


11 


the  official  oath  required  by  this  Charter  and  file  the  same  with  the 
city  clerk. 

Sec.  9.  Plurality  or  by  Lot.  The  person  receiving  the  greatest 
number  of  votes  for  any  office  in  the  city  shall  be  deemed  to  have  been 
duly  elected  to  such  office,  and  if  there  shall  be  no  choice  for  any  office 
by  reason  of  two  or  more  candidates  having  received  an  equal  number 
of  votes  for  that  office,  the  commission  shall  at  the  meeting  mentioned 
in  the  preceding  section  determine  by  lot  between  such  persons  which 
shall  be  considered  and  declared  elected  to  such  office. 

Sec.  10.  First  Election.  At  the  first  election  hereunder  the  candi- 
date who  shall  receive  the  highest  number  of  votes  for  ihe  office  of 
commissioner  shall  be  deemed  and  declared  to  be  elected  commissioner 
for  the  term  of  four  years.  The  candidate  who  shall  receive  the  next 
highest  number  of  votes  for  said  office  shall  be  deemed  and  declared 
to  be  elected  commissioner  for  the  term  of  three  years.  The  candidate 
who  shall  receive  the  third  highest  number  of  votes  for  said  office  shall 
be  deemed  and  declared  to  be  elected  commissioner  for  the  term  of  two 
years.  And  the  candidate  who  shall  receive  the  fourth  highest  num- 
ber of  votes  for  said  office  shall  be  deemed  and  declared  to  be  elected 
commissioner  for  the  term  of  one  year. 

Sec.  11.  Unlawful  to  Pay  for  Campaign  Work.  It  shall  be  unlaw- 
ful for  any  candidate  at  any  primary  or  municipal  election  for  any 
municipal  office,  or  any  person  in  his  behalf,  directly  or  indirectly,  to 
employ  any  person  to  do  any  campaign  work,  electioneering  or  solicit- 
ing for  votes  for  such  candidate  for  hire,  either  of  money,  promises  of 
money  or  other  valuable  thing,  or  promises  of  office  or  employment,  and 
it  shall  be  unlawful  for  any  person  to  agree  to  perform  any  such  service 
in  behalf  of  any  such  candidate  for  any  consideration,  profit  or  benefit 
whatever.  Any  violation  of  this  section  shall  be  a misdemeanor  and 
shall  be  punished  by  a fine  not  exceeding  one  hundred  (100)  dollars,  or 
by  imprisonment  in  the  county  jail  not  exceeding  thirty  (30)  days. 

Sec.  12.  Treating  and  Villifying.  It  shall  be  unlawful  for  any  can- 
didate for  any  office  created  by  this  Charter  at  any  primary  or  mu- 
nicipal election,  and  likewise  for  any  person  in  his  behalf,  either  direct- 
ly or  indirectly,  to  buy  for,  or  give  to,  or  cause  to  be  bought  for  or 
given  to  any  elector,  any  cigars  or  intoxicating  liquors,  and  the  candi- 
date who  shall  violate  any  of  the  provisions  hereof,  or  shall  permit  the 
same  to  be  violated  in  his  behalf,  or  shall  be  guilty  of  making  or  caus- 
ing to  be  made  any  untrue  or  unjust  statement  reflecting  on  the  char- 
acter of  any  of  his  opposing  candidates  during  any  campaign,  shall  be 
disqualified  to  receive  the  nomination  in  case  of  a nominating  campaign 
and  shall  be  disqualified  for  holding  office  in  case  of  an  election  cam- 
paign. The  intent  of  this  section  is  to  prohibit  and  prevent  the  prac- 
tice of  treating  during  a campaign  and  of  villifying  candidates  for  pub- 
lic office. 

Sec.  13.  Conveyance  of  Electors.  It  shall  be  unlawful  for  any  can- 
didate for  any  municipal  office,  or  anyone  in  his  behalf,  directly  or  in- 
directly, to  employ  or  hire  any  hack,  carriage,  motor  vehicle,  or  any 


12 


other  conveyance  for  the  purpose  of  conveying  voters  to  the  polls  at 
any  primary  or  municipal  election.  Any  violation  of  this  section  shall 
be  a misdemeanor  and  shall  be  punished  as  provided  in  Section  11  of 
this  Chapter. 

Sec.  14.  Three  Years’  Residence.  No  person  shall  be  eligible  to  of- 
fice of  mayor  or  commissioner  who  is  not  a qualified  elector,  a citizen 
of  the  United  States  and  a resident  of  the  City  of  Marquette  for  at 
least  three  years. 

Sec.  15.  Vacancies.  If  any  vacancy  occurs  in  any  elective  office,  the 
commission,  or  in  case  the  vacancy  be  in  the  commission  itself,  then 
the  remaining  members  of  the  commission,  shall  appoint  a qualified 
elector  of  the  city  to  fill  such  vacancy  until  the  next  general  municipal 
election.  In  case  of  an  appointment  of  a supervisor  to  fill  vacancy, 
such  appointment  shall  be  of  an  elector  from  the  precinct  where  the 
vacancy  exists. 

Sec.  16.  Oath  of  Office.  Before  entering  upon  the  duties  of  their 
office,  the  mayor  and  each  of  said  commissioners  shall  take  and  sub- 
scribe an  oath,  which  shall  be  filed  and  kept  in  the  office  of  the  city 
clerk,  to  support  the  constitution  of  the  United  States,  the  constitution 
of  the  State  of  Michigan,  and  to  obey  the  laws  of  the  state  and  this 
Charter  and  to  aim  to  secure  and  maintain  an  honest  and  efficient  force 
of  appointive  officers  and  employes,  free  from  partisan  distinction  or 
control,  and  to  perform  the  duties  of  his  office  to  the  best  of  his  ability; 
and  all  other  officers,  elective  and  appointive,  shall,  before  entering 
upon  the  duties  of  their  respective  offices,  take  the  constitutional  oath 
of  office. 

Sec.  17.  State  and  County  Elections.  The  several  boards  of  elec- 
tion inspectors  herein  provided  for  shall  act  as  such  at  all  state  and 
county  elections,  and  each  precinct  board  shall  canvass  the  votes  cast 
in  such  precinct  at  such  elections  and  feport  the  same  directly  to  the 
proper  official  as  required  by  the  general  laws  of  the  state. 

Sec.  18.  Failure  of  Election.  If  an  election  of  mayor,  commission- 
ers and  other  officers  shall  not  be  made  on  the  day  when,  pursuant  to 
this  act  it  ought  to  be  made,  the  said  corporation  shall  not  for  that 
reason  dissolve,  and  it  shall  be  lawful  to  hold  such  election  at  any  time 
thereafter,  public  notice  being  given  as  prescribed  by  this  act  for  the 
holding  of  the  regular  elections. 

Sec.  19.  Recount.  The  general  laws  of  the  state  providing  for  the 
correction  of  frauds  and  mistakes  in  the  canvass  and  returns  made  by 
inspectors  of  elections  shall  be  enforced  in  this  city,  and  the  commis- 
sion, while  engaged  in  canvassing  the  returns  from  the  various  voting 
districts  of  the  city,  shall  be  deemed  to  be  the  Board  of  City  Canvassers 
and  the  city  clerk  shall  be  deemed  to  be  the  clerk  of  such  board. 


13 


CHAPTER  7. 

REPORT  ELECTION  EXPENSES  AND  OFFENSES  OF 
CITY  OFFICERS. 


Section  1.  Report  Election  Expenses.  Every  candidate  for  an  elec- 
tive office  shall  three  days  before  the  Charter  election,  and  every  suc- 
cessful candidate  to  such  office  shall  also  within  ten  days  after  election 
and  before  he  shall  be  permitted  to  qualify  or  assume  the  duties  of  the 
office,  file  with  the  city  clerk  his  sworn  statement  of  all  his  expenses 
and  obligations  incurred  both  at  the  nominating  election  and  at  the 
municipal  charter  election,  which  statement  shall  also  show  what  funds 
were  contributed  and  by  whom  contributed  for  such  campaigns.  Fail- 
ure to  file  the  statements  above  required  shall  be  grounds  for  removal 
from  office  and  shall  bar  the  person  thus  failing  from  being  a candidate 
for  re-election  at  any  recall  election  held  in  pursuance  of  the  provisions 
of  this  Charter. 

Sec.  2.  Using  Official  Influence.  Punishment.  Any  officer  or  em- 
ploye of  the  city,  who  by  solicitation  or  otherwise  shall  use  his  influ- 
ence directly  or  indirectly  on  account  of  his  official  position  to  induce 
any  employe  of  the  city  to  adopt  his  political  views  or  favor  any  par- 
ticular person  or  candidate  for  office  either  at  the  primary  or  charter 
election,  shall  be  guilty  of  a misdemeanor,  and  upon  conviction  shall  be 
subject  to  a fine,  not  less  than  ten  dollars,  not  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  or  city  prison  not  less 
than  three  or  more  than  thirty  days. 

Sec.  3.  No  Interest  in  Contracts.  No  officer  elected  or  appointed  for 
the  city  shall  be  interested  directly  or  indirectly  as  principal  surety  or 
otherwise  in  the  fulfillment  of  any  contract,  job,  work,  claim,  or  service 
in  which  the  city  is  a party,  or  in  the  sale  of  property  to  the  city. 

Exception.  This  shall  not  be  construed  as  prohibiting  the  purchasing 
agent  or  other  officer  of  the  city  from  purchasing  of,  or  contracting 
with,  an  established  business  concern  in  which  a commissioner  may  be 
interested,  provided  that  such  business  was  established  and  the  com- 
missioner’s connection  therewith  was  well  known  to  the  public  at  the 
time  of  his  election,  and  provided  further  that  such  purchasing  and  con- 
tracting shall  be  done  in  the  open  market  and  open  to  all  for  competi- 
tion. 

Punishment.  Violation  of  this  section  shall  be  deemed  to  be  a mis- 
demeanor and  punishable  as  such,  and  the  officer  so  offending  shall  for- 
feit his  office. 

CHAPTER  8. 

RECALL. 

Section  1.  Recall.  Any  holder  of  an  elective  office  or  anyone  ap- 
pointed to  fill  vacancy  therein  may  be  recalled  and  removed  therefrom 
by  the  qualified  electors  of  the  City  of  Marquette  as  provided  herein. 

Sec.  2.  Petition.  Any  qualified  elector  of  the  city  may  make  and 
file  with  the  city  clerk  an  affidavit  containing  the  name  of  the  officer 


14 


sought  to  be  removed  and  a specific  statement  of  the  grounds  for  re- 
moval. The  city  clerk  shall  thereupon  deliver  to  the  elector  making 
such  affidavit  a sufficient  number  of  copies  of  petitions  for  such  recall 
and  removal,  printed  forms  of  which  he  shall  keep  on  hand.  Such  pe- 
titions shall  be  issued  by  the  city  clerk,  with  his  signature  and  official 
seal  thereto  attached;  they  shall  be  dated  and  addressed  to  the  com- 
mission, and  shall  contain  the  name  of  the  person  to  whom  issued,  the 
number  of  forms  so  issued,  the  name  of  the  person  sought  to  be  re- 
moved, the  office  from  which  such  removal  is  sought,  the  grounds  of 
such  removal  as  stated  in  said  affidavit,  and  shall  demand  the  election  of 
a successor  to  such  office,  a copy  of  which  petition  shall  be  entered  in 
a record  book  to  be  kept  in  the  office  of  the  city  clerk. 

Any  defect  in  said  form  or  record  shall  not  invalidate  the  same. 
Said  recall  petition  to  be  of  any  effect  must  be  returned  and  filed  with 
said  city  clerk  within  thirty  days  after  its  issuance. 

Sec.  3.  20  Per  Cent  Required.  Said  petitions,  before  being  returned 
and  filed,  shall  be. signed  by  qualified  electors  equal  in  number  to  at 
least  twenty  per  centum  of  the  entire  vote  cast  for  all  candidates  for 
the  office  of  mayor  or  commissioner  for  full  term  at  the  last  preceding 
general  municipal  election,  and  to  each  signature  shall  be  attached  his 
place  of  residence,  giving  street  and  number  and  voting  district.  Such 
signatures  need  not  all  be  on  one  paper.  A qualified  elector  of  the 
city  shall  make  an  affidavit  thereunto  that  each  signature  appended  to 
the  paper  is  the  signature  of  the  person  whose  name  it  purports  to  be. 
All  such  papers  for  the  recall  of  any  one  officer  shall  be  fastened  to- 
gether and  filed  as  one  instrument,  bearing  the  endorsement  of  the 
names  and  addresses  of  three  persons  designated  as  filing  the  same. 

Sec.  4.  Clerk  to  Verify.  Within  ten  days  from  the  filing  of  said  pe- 
tition, filed  within  thirty  days  as  provided  in  Section  1,  the  city  clerk 
shall  ascertain  by  examination  thereof,  and  of  the  registration  books 
and  election  returns,  whether  such  petition  is  sufficient,  and  shall  attach 
thereto  his  certificate  showing  the  result  of  such  examination. 

Sec.  5.  If  Insufficient,  May  Add  New  Names.  If  his  certificate  shows 
the  petition  to  be  insufficient  he  shall  within  said  ten  days  so  notify  in 
writing  one  or  more  of  the  persons  designated  on  the  petition  as  filing 
the  same;  additional  signatures  properly  verified  may  be  filed  at  any 
time  within  ten  days  from  the  filing  of  the  certificate.  The  city  clerk 
shall,  within  ten  days  after  such  re-filing,  make  like  examination  of 
the  additional  signatures,  and  attach  thereto  his  certificate  of  the  result. 
If  still  insufficient,  or  if  no  additional  signatures  are  so  filed,  he  shall 
return  the  petition  to  one  of  the  persons  designated  as  filing  it,  without 
prejudice,  however,  to  the  filing  of  a new  petition  for  the  same  purpose. 

Sec.  6.  If  Sufficient,  Election  Ordered.  When  the  petition  shall  be 
found  and  certified  by  the  city  clerk  to  be  sufficient,  he  shall  submit  the 
same  with  his  certificate  to  the  commission  without  delay,  and  the  com- 
mission shall,  if  the  officer  sought  to  be  removed  does  not  resign  within 
five  days  thereafter,  forthwith,  after  said  five-day  period,  order  and  fix 
dates  for  holding  the  said  election  not  less  than  forty  days  nor  more 

15 


than  fifty  days  from  the  date  of  the  city  clerk’s  certificate  showing 
that  a sufficient  petition  is  filed;  provided,  however,  that  if  any  other 
municipal  election  is  to  occur  within  sixty  days  from  the  date  of  the 
clerk’s  certificate,  the  commission  may,  in  its  discretion,  postpone  the 
holding  of  the  removal  election  to  the  date  of  such  other  municipal 
election. 

Sec.  7.  Notice  of  Election.  The  commission  shall  make,  or  cause  to 
be  made,  publication  of  notice  and  all  arrangements  for  holding  such 
election;  and  the  same  shall  be  conducted,  returned,  and  the  result 
thereof  declared,  in  all  respects,  as  are  other  city  elections.  If  a va- 
cancy occurs  in  said  office  after  a removal  election  has  been  so  ordered, 
the  election  shall  nevertheless  proceed  as  herein  provided. 

Sec.  8.  Incumbent  May  Be  Candidate.  Any  officer  sought  to  be  re- 
moved, if  otherwise  qualified,  may  be  a candidate  to  succeed  himself, 
and  unless  he  requests  otherwise  in  writing,  the  city  clerk  shall  place 
his  name  on  the  official  ballot  without  nomination. 

Sec.  9.  Conducted  Same  as  Ordinary  Elections.  The  nomination  of 
other  candidates,  the  publication  of  notice  of  such  removal  election,  and 
the  conduct,  shall  all  be  in  accord  with  the  provisions  of  this  Charter, 
relating  to  nominations  and  elections. 

Sec.  10.  Incumbent  to  Hold  Pending  Election.  The  incumbent  shall 
continue  to  perform  the  duties  of  his  office  until  the  removal  election. 
If  then  elected,  he  shall  continue  in  office  for  the  balance  of  his  term. 
If  not  then  elected,  he  shall  be  deemed  removed  upon  the  qualification 
of  his  successor,  who  shall  hold  office  during  the  unexpired  term.  If 
the  successor  fails  to  qualify  within  ten  days  after  receiving  notifica- 
tion of  his  election,  the  incumbent  shall  nevertheless  be  deemed  re- 
moved and  the  office  vacant. 

Sec.  11.  Must  Be  Three  Months  in  Office.  No  recall  petition  shall 
be  filed  against  any  officer  until  he  has  actually  held  his  office  for  at 
least  three  months. 

Sec.  12.  Recalled  Disqualified  for  Two  Years.  Any  person  who  has 
been  removed  from  an  office  by  recall,  or  who  has  resigned  from  such 
office  while  recall  proceedings  were  pending  against  him,  shall  be  dis- 
qualified from  holding  an  elective  or  appointive  office  within  two  years 
after  such  removal  or  resignation. 

Sec.  13.  Reasons  May  Be  Published.  In  the  published  call  for  the 
election  there  shall  be  printed  in  not  more  than  two  hundred  words 
the  reasons  for  demanding  the  recall  of  the  officer  as  set  forth  in  the 
recall  petition,  and  the  officer  may  justify  his  course  in  office  in  said 
published  call  in  not  more  than  two  hundred  words. 

Sec.  14.  The  official  ballot  shall  be  in  the  following  form: 


16 


City  of  Marquette. 

Special  election  for  the  balance  of  the  unexpired  term  of 


Official  Ballot. 
Signature. 

Vote  for  one  only. 
Names  of  Candidates. 

[ ] 

[ ] 

[ ] 


City  Clerk. 

CHAPTER  9. 

COMMISSION  AND  DISTRIBUTION  OF  POWERS. 

Section  1.  Commission.  All  the  corporate  powers  of  the  City  of 
Marquette  are  hereby  vested  in  a commission  consisting  of  the  mayor 
and  four  commissioners  elected  as  provided  in  this  Charter. 

Sec.  2.  Powers.  The  commission  shall  have  and  possess,  and  the 
commission  and  its  members  shall  exercise,  all  the  executive,  legislative 
and  judicial  powers  and  duties  now  had,  possessed  and  exercised  under 
the  Charter  heretofore  in  force  by  the  mayor,  aldermen,  common  coun- 
cil, park,  cemetery  and  street  commission,  police  commission,  board  of 
fire  and  water  commissioners  of  the  City  of  Marquette,  the  light  and 
power  commission  of  the  City  of  Marquette,  and  the  Peter  White  Public 
Library  of  the  City  of  Marquette. 

Sec.  3.  Further  Powers,  Ordinances,  Etc.  The  commission  may  do 
any  act  to  advance  the  interests  of  the  city  and  the  good  government 
and  prosperity  of  the  municipality  and  its  inhabitants  and  may  enact 
all  laws  and  ordinances  relating  to  its  municipal  concerns,  subject  to  the 
laws  of  the  State  of  Michigan  and  the  United  States. 

Sec.  4.  Departments.  The  executive  and  administrative  powers, 
authority  and  duties  shall  be  distributed  into  and  among  six  depart- 
ments, as  follows: 

Department  one,  Public  Affairs. 

Department  two,  Accounts  and  Finances. 

Department  three,  Public  Works. 

Department  four,  Public  Health  and  Safety. 

Department  five,  Light  and  Power. 

Department  six,  Water. 

Sec.  5.  Mayor.  Public  Affairs.  The  mayor  shall  be  the  executive 
head  of  the  city  and  shall  have  charge  of  the  Department  of  Public 
Affairs  and  such  other  duties  or  departments  as  the  commission  may 
from  time  to  fime  assign  to  him,  and  shall  be  president  of  and  preside 
at  all  meetings  of  the  commission,  shall  be  entitled  to  vote  on  all  ques- 
tions, and  in  case  of  a tie  vote  upon  any  question,  shall  also  be  author- 
ized to  cast  the  deciding  vote. 


17 


Sec.  6.  Assignment  of  Departments.  The  commission  shall  at  its 
first  regular  meeting  in  the  month  of  January,  after  each  annual  elec- 
tion, designate  by  a majority  vote  one  of  its  members  to  have  super- 
vision of  department  two,  one  of  department  three,  one  of  department 
four,  one  of  department  five,  and  one  of  department  six,  but  such  desig- 
nation may  be  changed  from  time  to  time  whenever  it  shall  appear  to 
the  commission  that  the  public  service  would  be  benefited  thereby. 

Sec.  7.  Commission  to  Fix  Duties.  The  commission  shall  determine 
the  powers  and  duties  to  be  performed  by  each  commissioner,  and  shall 
prescribe  the  duties  of  employes,  and  may  assign  particular  officers  and 
employes  to  one  or  more  departments,  and  may  require  any  of  the  of- 
ficers or  employes  to  perform  duties  in  one  or  more  departments,  and 
make  such  other  rules  and  regulations  as  may  be  necessary  for  the  ef- 
ficient and  economical  conduct  of  the  city. 

Sec.  8.  Appointive  Officers.  The  commission  shall  have  power  to 
appoint  the  following  officers:  City  clerk,  city  treasurer,  city  assessor, 
city  attorney,  health  officer,  and  may  appoint  a city  engineer  when 
necessary.  Each  commissioner  assigned  to  a department  or  depart- 
ments shall  have  supervision  over  his  department  or  departments,  or 
questions  of  detail,  but  the  general  policy  adopted  by  the  several  de- 
partments above  enumerated  shall  be  decided  by  the  commission.  Each 
commissioner  of  each  department  shall  appoint  his  own  department 
head,  subject  to  confirmation  by  a majority  vote  of  the  commission. 

Sec.  9.  Quorum.  Three  Affirmative  Votes  Necessary.  Each  member 
of  the  commission  shall  have  the  right  to  vote  on  all  questions  before 
it  except  when  personally  financially  interested.  Three  members  shall 
constitute  a quorum,  and  the  affirmative  vote  of  three  members  shall  be 
necessary  and  sufficient  to  adopt  any  motion,  resolution,  ordinance,  or 
to  pass  any  measure,  except  when  it  is  provided  by  the  laws  of  the 
state  or  in  this  Charter  that  a greater  number  shall  be  required  in  the 
passage  of  any  stated  motion,  resolution,  or  ordinance,  or  it  is  provided 
that  the  same  shall  be  referred  to  the  electors. 

Sec.  10.  Journal  of  Minutes.  The  city  clerk  shall  be  the  clerk  of 
the  commission,  and  shall  keep  correct  and  accurate  minutes  in  the 
English  language,  in  a printed  or  written  journal,  of  every  session  of 
the  commission,  and  the  same  shall  be  printed  in  one  daily  newspaper 
published  in  the  city  within  three  days  after  the  meeting. 

Sec.  11.  Meetings.  All  meetings  of  the  commission  shall  be  public 
and  held  in  the  City  Hall  in  the  City  of  Marquette.  The  commission 
shall  hold  at  least  one  regular  meeting  each  week,  and  shall  fix  the  day 
and  hour  thereof,  and  shall  adopt  rules  and  regulations  for  its  govern- 
ment. 

Special  Meetings.  Special  meetings  may  be  called  at  any  time  upon 
the  request  of  two  or  more  of  the  members,  the  object  of  the  meeting 
being  stated  in  the  call. 

Sec.  12.  Resolutions  in  Writing.  Every  resolution  and  ordinance 
shall  be  reduced  to  writing  and  read  before  the  vote  is  taken  thereon; 
and  before  it  shall  be  in  force  must  be  signed  by  the  mayor  or  two 


18 


commissioners  and  by  the  clerk.  The  signing  of  the  minutes  prescribed 
in  Section  10  of  this  chapter  by  the  above  officials  shall  be  a sufficient 
signing. 

Ayes  and  Nays — All  votes  shall  be  by  a call  of  the  “ayes”  and 
“nays”,  and  the  names  of  the  persons  voting  shall  be  entered  on  the 
record. 

Sec.  13.  Inspection  of  Records.  The  records  and  books  of  the  com- 
mission, and  all  contracts,  licenses,  franchises  and  other  documents  per- 
taining to  the  business  of  the  city  and  the  transactions  of  the  commis- 
sion, shall  during  all  office  hours  be  open  to  inspection  by  any  elector 
or  taxpayer  of  the  City  of  Marquette,  in  person  or  by  representative. 

Sec.  14.  Mayor  and  Clerk  to  Sign.  All  bonds,  contracts,  warrants, 
and  evidence  of  indebtedness,  authorized  by  the  commission,  shall  be 
signed  by  the  mayor  and  clerk. 

Sec.  15.  Supervisory  Powers  of  Commission.  The  commission  shall 
have  control  and  supervision  over  all  of  the  departments  of  the  city, 
and  to  that  end  shall  have  power  to  make  and  enforce  such  rules  and 
regulations  as  to  it  may  seem  fit  and  proper  for  and  concerning  the  or- 
ganization, management  and  operation  of  all  the  departments  of  the 
city,  and  shall  have  power  by  the  affirmative  vote  of  four  of  its  mem- 
bers to  effect  the  consolidation  of  all  the  departments  of  said  city.  It 
shall  have  power  to  create  such  office  or  offices  as  it  may  deem  necessary 
for  a prudent  and  successful  administration  of  the  affairs  of  the  city, 
and  to  fix  the  salaries  of  the  persons  appointed  thereto.  And  it  shall 
have  power  at  any  time  to  abolish  any  such  office  and  to  terminate  the 
official  duties  and  relations  of  the  person  occupying  the  same.  The  com- 
mission shall  determine  from  time  to  time  by  ordinance  which  of  such 
appointees  shall  hold  office  during  the  pleasure  of  the  commission,  and 
which  shall  hold  for  a definite  term;  provided,  however,  that  no  definite 
term  shall  exceed  three  years. 

Sec.  16.  Examination  of  Books,  Etc. — The  commission  shall  employ 
for  a stipulated  compensation  at  the  close  of  each  fiscal  year  a certified 
accountant,  who  shall  examine  the  books,  records  and  reports  of  all 
officers  and  employes  who  receive  or  disburse  city  moneys,  compare  the 
tax  roll  for  summer  and  winter  taxes  with  the  amount  of  the  warrant 
and  amount  collected  and  amount  returned  unpaid.  Such  accountant 
shall  file  his  report  with  the  clerk,  which  report  shall  be  kept  for  public 
inspection. 

Said  accountant  shall  recommend  ways  and  means  to  improve  the 
method  of  keeping  the  books,  records  and  accounts  of  the  city,  if  he  shall 
find  that  improvement  can  be  had,  and  the  same  shall  be  referred  to  the 
Department  of  Accounts  and  Finances.  The  commission  shall  provide 
for  a system  of  accounts  which  shall  conform  to  any  uniform  system 
required  by  law. 

Such  accountant  shall  have  unlimited  privilege  of  investigation,  and 
to  examine,  under  oath  or  otherwise,  all  officers,  clerks  and  employes 
of  the  city,  and  any  other  person  he  may  deem  necessary;  and  every 
such  officer,  clerk  and  employe  shall  give  all  required  assistance  and  in- 


19 


formation  to  said  accountant  and  submit  to  him  for  examination  such 
books  and  papers  of  his  office  or  over  which  he  may  have  control  as 
may  be  requested,  and  failure  to  do  so  shall  be  deemed  and  held  to  be 
a forfeiture  of  his  office. 

The  commission  shall  provide  for  the  payment  of  the  services  of  said 
accountant. 

Sec.  17.  No  Veto  Power.  The  mayor  shall  have  no  veto  power  over 
the  acts  of  the  commission. 

Sec.  18.  Mayor  Pro  Tem.  The  commission  shall,  at  its  first  regular 
meeting  in  the  month  of  January  in  each  year,  elect  by  ballot  by  a ma- 
jority vote  of  all  the  members  thereof,  one  of  the  commissioners  to  act 
as  mayor  pro  tem,  and  the  commissioner  so  chosen  shall  be  invested 
with  all  the  powers  and  shall  perform  all  the  duties  of  mayor  during 
the  mayor’s  absence  or  disability. 

Sec.  19.  Other  Duties  of  Mayor.  The  mayor  shall  exercise  such 
other  powers  and  perform  such  other  duties  as  may  be  prescribed  by 
the  laws  of  the  state,  or  by  this  Charter,  or  by  order  of  the  commission. 

Sec.  20.  Department  of  Public  Affairs.  The  Department  of  Public 
Affairs  shall  be  under  the  superintendence  of  the  mayor.  It  shall  in- 
clude all  legal  matters,  all  work  of  the  city  attorney  and  city  clerk,  and 
such  other  duties  as  are  prescribed  in  this  Charter  or  may  be  prescribed 
by  the  commission. 

Sec.  21.  Department  of  Accounts  and  Finances.  The  Department  of 
Accounts  and  Finances  shall  include  the  city  treasurer’s  office  and  work, 
the  city  assessor’s  office  and  work,  the  collection  of  fines,  licenses,  elec- 
tric light  and  water  rates,  and  any  other  rates  or  charges  for  public 
utilities,  and  shall  have  charge  of  the  settlement  with  the  clerk,  treas- 
urer, justices  of  the  peace,  constables,  and  all  other  persons  holding  or 
handling  city  moneys. 

Sec.  22.  Report  Account  to  Be  Raised  by  Taxes.  The  several  de- 
partments shall  annually,  and  at  least  twenty  days  before  the  time 
fixed  for  the  commission  to  designate  the  amount  to  be  raised  by  taxes 
for  the  current  year,  report  in  detail  to  the  Department  of  Accounts 
and  Finances  the  amount  that  each,  in  his  opinion,  will  require  to  per- 
form its  work  for  the  ensuing  year. 

Sec.  23.  Fix  Tax  Levy.  The  Department  of  Accounts  and  Finances 
shall  thereafter,  and  as  soon  as  may  be  and  before  the  second  regular 
meeting  of  the  commission  in  the  month  of  March  in  each  year,  report 
in  detail  to  the  commission  the  amount  that,  in  its  opinion,  shall  be 
raised  by  taxation  the  current  year  for  the  carrying  on  of  the  several 
departments  and  for  all  other  purposes,  and  at  its  fourth  regular  meet- 
ing in  the  month  of  March  in  each  year  the  commission  shall  fix  the 
amount  to  be  raised  by  taxation. 

Sec.  24.  Department  of  Public  Health  and  Safety.  The  Department 
of  Public  Health  and  Safety  shall  include  the  police  department,  fire 
department,  health  department,  markets,  pounds,  harbors,  playgrounds, 
and  fire  wardens,  and  the  inspection  of  plumbing,  electrical  wiring,  ele- 
vators, fire  escapes  and  buildings. 


20 


Sec.  25.  Department  of  Public  Works.  The  Department  of  Public 
Works  shall  include  all  construction  work,  care  for  streets,  alleys,  side 
and  crosswalks,  bridges,  sewers,  conduits,  culverts,  paving,  grading, 
opening  up  of  streets  and  street  cleaning,  parks,  park  structures  and 
cemeteries. 

Sec.  26.  Department  of  Light  and  Power.  The  Department  of  Light 
and  Power  shall  include  the  care  and  management  of  all  property  of 
every  description  now  owned,  operated  or  controlled  by  the  city  through 
the  present  Light  and  Power  Commission,  and  all  that  may  be  hereafter 
acquired,  and  shall  have  the  management  of  the  business  of  generation, 
distribution  and  sale  of  electric  current  and  electrical  supplies. 

Sec.  27.  Department  of  Water.  The  Department  of  Water  shall  in- 
clude the  care  and  management  of  the  present  pumping  station  and  all 
existing  water  mains,  mains  now  under  construction  or  that  may  be 
hereafter  constructed,  and  all  other  property  of  every  description  now 
controlled  by  the  Board  of  Fire  and  Water  Commissioners,  and  shall 
have  the  management  of  the  business  of  pumping,  distributing  and 
delivering  of  water  as  needed  by  the  inhabitants, ' industries  and  the 
other  departments  of  the  city. 

Sec.  28.  Execution  of  Commission’s  Orders.  Each  commissioner  hav- 
ing supervision  of  a department  of  the  city  shall  carry  out  and  execute 
the  orders  of  the  commission  in  all  matters  pertaining  to  his  depart- 
ment, and  all  expenditures,  and  itemized  bills  of  the  same,  shall,  before 
being  audited  and  paid  by  the  commission,  be  0.  K.’d  by  the  commis- 
sioner in  charge,  with  his  signature,  and  also  be  0.  K.’d  by  the  official 
under  whom  the  work  was  actually  performed  or  material  furnished. 
The  “O.  K.”  shall  constitute  and  be  a certificate  that  the  bill  is  an  actual 
and  true  claim  against  the  city. 

CHAPTER  10. 

POWERS  AND  DUTIES  OF  THE  COMMISSION. 

Section  h Impose  Fines.  Where,  by  the  provisions  of  this  Charter, 
the  commission  shall  have  authority  to  pass  ordinances  on  any  subject, 
it  may  prescribe  as  punishment  for  the  violation  thereof,  fines,  penalties, 
or  forfeitures  not  exceeding  five  hundred  dollars,  or  imprisonment  not 
to  exceed  ninety  days  in  the  county  jail  or  the  city  prison,  or  in  any 
workhouse  in  the  state  authorized  to  receive  prisoners  from  the  City 
of  Marquette,  or  both  said  fine  and  imprisonment,  at  the  discretion  of 
the, court,  and  provide  that  the  offender  or  offenders,  on  failure  to  pay 
the  fines,  penalties  or  forfeitures  imposed  within  the  time  fixed  there- 
for, shall  be  imprisoned  in  the  jail,  prison  or  workhouse  above  men- 
tioned until  the  payment  thereof,  for  any  term  not  exceeding  ninety 
days.  Said  fines,  penalties  and  forfeitures  may  be  sued  for  and  re- 
covered with  costs  in  the  name  of  the  City  of  Marquette,  which  said 
suit  may  be  commenced  on  making  and  filing  a complaint  on  oath  by 
warrant  in  any  court  of  said  city  having  jurisdiction.  Prosecutions 
of  offenses  under  this  Charter,  or  for  the  violation  of  any  provision  of 


21 


any  ordinance,  shall  be  criminal  in  their  character,  may  be  conducted 
in  any  court  of  competent  jurisdiction,  and  shall  be  governed  by  the 
general  laws  of  the  state  relating  to  criminal  trials. 

Sec.  2.  Same  Duties  as  Township  Boards.  The  commission  of  said 
city  is  hereby  authorized  and  required  to  perform  the  same  duties  in 
and  for  said  city  as  are  by  law  imposed  upon  the  township  boards  of 
the  several  townships  of  this  state  in  reference  to  state,  county,  and 
school  taxes,  state,  congressional,  judicial,  district  and  county  elections, 
and  the  support  of  the  poor,  except  as  is  otherwise  provided  in  this 
Charter. 

Sec.  3.  Control  of  All  Property  and  of  Finances.  The  commission, 
in  addition  to  the  powers  and  duties  especially  conferred  on  it  in  this 
Charter,  shall  have  the  management  and  control  of  the  finances,  rights 
and  interest,  buildings  and  grounds,  waterworks  and  supply,  sewers, 
parks,  playgrounds,  care  of  trees,  gas  and  electric  plants,  conduits,  and 
all  property,  real  and  personal,  now  or  hereafter  belonging  to  the  city, 
situated  within  or  without  the  city,  and  may  make  such  ordinances  and 
by-laws  relating  to  the  same  as  it  shall  deem  necessary  and  proper; 
and,  further,  it  shall  have  power  to  enact,  make,  continue,  establish, 
modify,  amend  and  repeal  such  ordinances,  by-laws  and  regulations  as 
it  shall  deem  desirable  within  said  city,  for  the  following  purposes: 

1st.  Preserve  the  Peace.  To  prevent  vice  and  immorality;  to  pre- 
serve the  public  peace  and  good  order;  to  direct  and  control  the  police 
of  the  city;  to  prohibit,  prevent  and  quell  riots,  disturbances,  disorderly 
noises  or  assemblages  in  the  street  or  elsewhere  in  said  city. 

2nd.  Suppress  Disorderly  Houses.  To  prohibit,  prevent  and  restrain 
disorderly  and  gaming  houses;  to  destroy  all  instruments  and  devices 
used  for  gaming,  and  to  prohibit  all  gaming  and  fraudulent  devices,  and 
regulate  and  restrain  billiard  and  pool  tables  and  bowling  alleys. 

3rd.  Prohibit  Gaming.  To  prohibit,  restrain  or  prevent  persons 
from  gaming  for  money  or  other  valuable  things  with  cards,  dice,  bil- 
liards, nine  or  ten  pin  alleys,  tables,  ball  alleys,  wheels  of  fortune,  boxes, 
^machines  or  any  other  instrument  or  device  whatsoever,  in  any  hotel, 
saloon,  store,  shop  or  in  any  other  place  or  grounds  in  said  city;  to 
punish  the  persons  keeping  the  buildings,  place,  instruments,  devices, 
or  means  for  such  gaming,  and  to  provide  for  the  destruction  of  the 
same. 

4th.  Lotteries.  To  prohibit,  prevent  and  suppress  all  lotteries  for 
drawing  or  disposing  of  money,  property  or  valuable  things  whatsoever, 
and  to  punish  all  persons  maintaining,  directing  or  managing  the  same, 
or  aiding  in  the  maintenance,  direction  or  management  thereof. 

5th.  Sale  of  Liquor.  To  forbid  and  prevent  the  vending  or  other 
disposition  of  liquor  and  intoxicating  drinks  in  violation  of  the  laws  of 
this  state,  and  to  forbid  the  selling  or  giving  to  be  drank  of  any  intox- 
icating liquors  to  any  minor,  drunkard  or  posted  person. 

6th.  Abate  Nuisances.  To  prohibit,  prevent,  abate  or  remove  nuis- 
ances of  every  kind,  and  to  declare  what  shall  be  considered  nuisances, 
and  to  compel  the  occupant  or  owner  of  any  store,  restaurant,  saloon, 

22 


meat  market,  fish  stall,  butcher  shop,  slaughter  house,  factory,  tannery, 
stable,  privy,  hog  pen,  sewer  or  any  other  offensive  or  unwholesome 
house  or  place,  to  cleanse,  remove  or  abate  the  same  from  time  to  time, 
as  often  as  it  may  deem  necessary  for  the  health,  comfort  and  con- 
venience of  said  city,  and  may  forbid  and  prevent  the  keeping  of  swine 
within  the  city  limits. 

7th.  Slaughter  Houses.  Explosives.  To  direct  and  regulate  the  lo- 
cation of  slaughter  houses,  and  make  rules  for  their  care,  or  may  for- 
bid and  prevent  the  location  of  any  slaughter  house  or  the  slaughtering 
of  animals  within  the  city  limits;  to  direct  the  location  and  regulate 
or  forbid  the  storing  of  gunpowder,  gasoline,  or  other  combustible  or 
explosive  substances,  and  limit  the  amount  that  may  be  stored,  and 
regulate  and  designate  the  method  of  storing  and  handling  the  same; 
also  to  make  regulations  concerning  the  buying,  caring,  selling,  keeping 
and  using  gunpowder,  firecrackers  or  fireworks,  or  other  combustible, 
explosive  or  dangerous  articles,  and  the  exhibition  of  fireworks,  and  the 
discharge  of  cannon  or  firearms,  and  the  use  and  kind  of  lights  or  lamps 
to  be  used  in  barns,  stables,  and  all  buildings,  cellars  and  establishments 
usually  regarded  as  extra  hazardous  in  respect  to  fire,  and  to  regulate, 
restrain  or  prevent  the  making  of  bonfires  in  streets,  lanes,  aMeys,  yards 
or  public  places. 

8th.  Cumbering  Streets.  Obstruction  to  Rivers.  Awnings.  Use  of 
Streets  and  Grades.  Free  Flow  of  Streams.  Injury  to  Pipes,  Etc.  To 
prevent  the  cumbering  of  streets,  sidewalks,  crosswalks,  lanes,  alleys, 
bridges,  in  any  manner  whatever,  and  to  forthwith  remove  any  obstruc- 
tions therefrom;  to  regulate  or  prevent  the  exhibition  of  signs  on  can- 
vass or  billboards  or  otherwise,  in  or  upon  any  vehicle,  standing  or 
traveling  upon  the  streets  of  said  city,  or  held  or  carried  by  any  person; 
to  control,  prescribe  or  regulate  the  mode  of  constructing  or  suspending 
awnings  and  the  exhibition  and  suspension  of  signs,  and  may  require 
bonds  to  be  given  by  the  owner  to  indemnify  the  city  from  all  damage 
caused  by  the  same,  and  it  may  prevent  and  forbid  the  erection  thereof 
beyond  the  street  line;  to  control  and  prescribe  and  regulate  the  public 
uses  to  which  streets,  avenues,  alleys,  public  grounds  and  spaces  within 
said  city  shall  be  put,  and  establish  the  grades  thereof;  to  control  all 
streams  and  water  courses  within  the  limits  of  the  City  of  Marquette; 
prevent  encroachments  upon  the  same,  or  the  free  flow  of  water,  or  the 
pollution  thereof,  and  remove  forthwith  all  obstructions  caused  by  any 
person  or  persons  or  any  corporation.  The  expense  of  removal  shall  be 
a debt  of  the  person  or  corporation  making  the  same,  and  collected  as 
any  other  debt;  to  preserve  and  protect  the  purity  of  the  waters  in 
Lake  Superior  and  any  and  all  streams,  waters  or  places  from  which  the 
water  supply  may  or  shall  at  any  time  hereafter  be  obtained;  to  pro- 
vide for  the  preservation  of  and  the  prevention  of  injury  to  waterworks, 
water  pipes,  sewers,  conduits,  fire  alarm  apparatus,  pavements,  side- 
walks, crosswalks,  streets,  alleys,  avenues,  electric  light  plant  and  its 
lamps  and  wires,  .gas  works  and  pipes  that  may  be  owned  by  the  city; 


23 


to  provide  for  the  planting  of  trees,  and  provide  for  their  care,  protection 
and  preservation  in  public  parks  and  on  streets. 

9th.  Horses.  Automobiles.  Speed  Limit.  Passing  Street  Cars.  To 
require  that  any  horse,  mule  or  other  animal,  standing  in  any  street, 
alley  or  public  place  or  grounds  in  the  city  to  be  securely  fastened,  held 
or  watched;  to  prohibit  the  standing  of  any  automobile,  wagon  or  other 
vehicle,  or  the  hitching  or  standing  of  any  horse,  mule,  or  any  other 
animal  in  such  streets  or  parts  of  streets,  or  in  such  public  places  as  the 
commission  may  prescribe;  to  prevent  and  punish  horse  racing  and  driv- 
ing or  riding  at  a speed  faster  than  prescribed  by  the  commission,  in 
any  street,  avenue  or  alley,  and  the  commission  is  authorized  to  fix  and 
declare  the  speed  limit  for  any  street,  avenue  or  alley  that  shall  not  be 
exceeded  by  any  street  car,  automobile,  bicycle,  motorcycle,  horses, 
mules  or  any  vehicle,  and  may  authorize  the  stopping,  detaining  and 
punishment  of  any  person  who  shall  be  guilty  of  violating  the  same,  and 
make  regulations  governing  the  crossing  of  streets  at  intersection  of 
streets  by  automobiles,  motorcycles,  bicycles,  horses,  mules,  carriages, 
- — wagons,  omnibuses,  hacks,  or  any  other  vehicle,  and  fix  the  penalties 
for  the  violation  thereof;  and  may  regulate  and  forbid  the  passing  of 
street  cars  while  taking  on  or  unloading  passengers  by  automobiles, 
motorcycles,  bicycles,  horses,  mules,  carriages,  wagons,  omnibuses,  hacks 
or  any  other  vehicle;  may  authorize  the  stopping  and  detaining  and 
punishment  of  any  person  who  shall  be  guilty  of  violating  the  same, 
and  make  any  other  rules  and  regulations  regarding  the  use  of  the 
streets,  deemed  by  it  (the  commission)  necessary  for  the  safety  of 
persons  using  the  same. 

10th.  Street  Railroad.  Speed  of  Trains.  Flagmen  at  Crossing. 
Cross  Streets.  Remove  Tracks  Put  Down  Without  Authority.  To  de- 
termine and  designate  the  route  and  grade  of  any  railroad  to  be  laid 
or  constructed  in  said  city,  and  to  regulate  the  use  and  speed  of  locomo- 
tives, engines,  motors  and  cars  upon  the  railroads  within  said  city,  and 
to  compel  the  railroad  companies  to  station  flagmen  at  street  crossings 
Und  to  prescribe  the  length  of  time  that  engines  or  cars  may  stand  across 
streets,  or  otherwise  obstruct  them,  or  to  prohibit  the  same;  to  author- 
ize railway  companies  to  cross  streets  upon  obtaining  the  affirmative 
vote  of  four  commissioners,  and  until  authority  is  given,  the  crossing  of 
streets,  alleys  and  parks,  except  where  now  occupied,  is  forbidden,  and 
the  mayor  and  also  the  commission  are  authorized  to  use  the  police 
power,  and  in  case  the  same  shall  be  crossed  without  permission  first 
obtained,  then  it  shall  be  the  duty  of  the  mayor  and  also  the  commis- 
sion to  cause  the  immediate  removal  of  any  track,  siding  or  construc- 
tion put  down  by  aiiy  railroad  or  any  person  across  any  street,  alley  or 
park.  The  expense  of  removal  shall  be  a debt  of  the  company  or  per- 
son or  persons  causing  the  same  to  be  put  down,  to  said  city,  and  col- 
lected as  any  other  debt,  and  the  commission  can  make  all  such  other 
rules  and  regulations  as  they  deem  necessary  concerning  the  streets, 
alleys  and  parks,  to  secure  the  safety  of  the  citizens  and  other  persons. 

11th.  Vagrants,  Etc.  Selling  Liquor  to  Posted  Persons.  To  re- 


24 


strain  and  punish  drunkards,  vagrants,  mendicants,  and  street  beggars 
soliciting  alms  or  subscriptions  for  any  purpose  whatever,  and  to  re- 
strain and  prevent  any  person  from  knowingly  purchasing  or  obtaining 
any  spirituous,  malt,  brewed,  fermented  or  vinous  liquors,  or  any  bev- 
erage, liquor  or  liquids  containing  any  spirituous,  malt,  brewed,  fer- 
mented or  vinous  liquors,  at  any  drug  store,  saloon,  hotel,  tavern  or 
other  place  where  spirituous,  malt,  brewed,  fermented  or  vinous  liquors 
are  sold  or  kept  for  sale,  when  the  proprietor,  clerk  or  agent  of  said 
drug  store,  saloon,  hotel,  tavern  or  other  place  where  such  liquors  are 
sold  or  kept  for  sale  has  been  forbidden,  in  writing,  by  the  husband, 
wife,  parent,  child,  or  guardian  of  such  person,  or  the  assessor,  mayor, 
superintendent  of  the  poor  of  the  county  of  Marquette,  or  by  the  chief 
of  police,  to  furnish  such,  person  any  spirituous,  malt,  brewed,  fermented 
or  vinous  liquors  or  liquids. 

12.  Bathing.  Obstruction  in  Water  Courses.  To  regulate  or  prohibit 
bathing  in  any  public  water,  to  provide  public  places  for  bathing  and 
regulate  the  use  of  the  same;  to  provide  for  clearing  of  rivers,  ponds 
and  streams  in  said  city,  of  all  obstructions,  and  to  forbid  the  placing 
of  any  obstructions  in  the  bed  of  the  river,  and  to  prohibit  and  prevent 
the  depositing  therein  of  any  filth  or  other  matter  tending  to  render  the 
waters  thereof  impure,  unwholesome  and  offensive,  or  drawing  the  water 
therefrom  at  such  times  and  to  such  an  extent  as  to  make  localities 
near  them  unhealthy,  or  to  cause  the  atmosphere  in  their  vicinity  to  be 
unwholesome  or  offensive. 

13th.  Animals  Running  at  Large.  To  prevent  the  running  at  large 
of  horses,  cattle,  swine  and  other  animals,  geese  and  poultry,  and  to 
authorize  the  impounding  and  sale  of  the  same  for  the  penalty  in- 
curred, and  the  cost  of  keeping  and  impounding. 

14th.  Dogs.  To  prohibit  and  prevent  the  running  at  large  of  dogs, 
to  require  them  to  be  muzzled,  and  to  authorize  their  being  killed  when 
running  at  large  in  violation  of  any  ordinance  of  the  commission,  and 
to  prohibit  any  person  from  placing,  exposing  or  administering  any 
poison  to  any  dog  or  other  animal  not  his  own,  and  to  punish  such  per- 
son for  so  doing. 

15th.  Offensive  and  Decayed  Matter.  To  prohibit  any  person  from 
bringing  into  or  depositing  in  said  city  any  dead  carcass  unfit  for  food 
or  any  other  unwholesome  or  offensive  substances,  or  having  on  his 
premises  any  such  substances,  or  any  putrid  meats,  fish,  hides,  skins, 
eggs,  vegetables  or  any  other  decayed  matter,  and  to  require  the  removal 
or  destruction  of  same,  and  on  neglect  or  refusal  so  to  do,  the  same  may 
be  removed  by  any  officer  of  the  city,  and  the  expense  of  removal  shall 
become  a debt  to  the  city  to  be  paid  by  the  person  so  offending,  and  col- 
lected as  any  other  debt  due  the  city.  Provided,  however,  that  if  the 
removal  be  made  by  an  officer  of  the  city,  it  shall  not  in  any  manner 
effect  any  liability  prescribed  under  the  ordinances  made  for  the  offense. 

16th.  Snow  and  Ice.  To  compel  all  persons  to  keep  sidewalks  in 
front  of  or  adjoining  premises  owned  or  occupied  by  them  clear  from 
snow,  ice,  dirt,  wood  or  obstructions;  provided,  however,  the  commission 


25 


may  remove  snow  and  ice  from  the  street  and  sidewalks  at  the  expense 
of  the  city.  But  the  city  shall  never  be  liable  for  any  damage  sustained 
by  any  person  in  consequence  of  the  neglect  of  any  person  to  keep  any 
such  sidewalk  clear  from  snow,  ice,  dirt,  wood  and  other  obstructions. 

17th.  Building  Line.  To  regulate  and  establish  the  line  upon  which 
buildings  may  be  erected  upon  any  street,  land  or  alley  in  said  city, 
and  to  compel  such  buildings  to  be  erected  upon  such  line,  by  imposing 
a fine  upon  the  owner  thereof,  not  exceeding  five  hundred  dollars  for 
each  offense. 

18th.  Graveyards.  To  regulate  all  graveyards  in  the  city  and  burial 
of  the  dead. 

19th.  Market  Places.  To  build  markets,  market  places,  and  rent  the 
same;  to  regulate  markets,  the  vending  of  hay,  wood,  meats,  vegetables, 
fruit,  fish,  grain  and  provisions  of  all  kinds,  and  of  other  goods  or  prop- 
erty in  the  streets,  lanes,  alleys  or  public  places  in  said  city,  and  to 
prescribe  the  places  for  selling  the  same. 

20th.  Public  Lighting.  To  regulate  the  lighting  of  streets,  alleys 
and  public  places,  and  the  protection  and  safety  of  the  public  lamps  and 
lighting  apparatus  and  appurtenances. 

21st.  Duties  of  Employes.  To  prescribe  the  duties  of  all  officers  and 
employes  of  the  city  and  fix  their  compensation,  and  fix  the  penalty  or 
penalties  for  failure  to  perform  such  duties,  and  to  prescribe  the  bonds 
and  sureties  to  be  given  by  the  officers  and  employes  of  the  city  for  the 
discharging  of  their  duties  and  fix  the  amount  thereof  and  the  time  for 
executing  the  same.  The  penalty  and  amount  of  bond  required  can  be 
changed  by  the  commission,  when  it  shall  deem  it  to  the  interest  of  the 
city. 

22nd.  Drain  Premises.  To  fill  up,  level  or  drain  any  lot  or  premises 
whenever  the  commission  shall  deem  it  necessary,  and  to  assess  the 
cost  and  expenses  thereof,  including  the  cost  of  any  necessary  storm 
sewer  on  the  said  lot  or  premises,  or  on  the  district  to  be  benefited 
thereby,  in  the  same  manner  as  other  special  assessments  may  be  made, 
enforced  and  collected. 

23rd.  Public  Grounds.  To  provide  for  public  parks,  public  play- 
grounds, squares  and  swimming  places,  either  within  or  without  said 
city,  and  to  take  and  hold  real  estate,  both  within  and  without  the 
limits  of  said  city,  for  that  purpose,  to  make  grade,  improve  and  adorn 
the  same,  and  to  control  and  regulate  the  same. 

24th.  Poles,  Conduits,  Etc.  Place  Under  Ground.  To  provide  for  the 
erection  of  public  lights  and  necessary  apparatus,  to  regulate  and  con- 
trol the  erection  and  maintenance,  within  the  streets  of  said  city,  of 
conduits,  poles  and  wires  for  telegraph,  telephone  and  electric  and  gas 
lights,  and  forbid  the  erection  and  maintenance  of  poles  on  any  or  all 
streets,  and  compel  the  placing  of  telegraph  and  telephone  and  other 
wires  under  ground  in  such  streets  as  may  be  designated  by  the  com- 
mission, and  fix  a penalty  for  failure  to  comply  with  the  order  of  the 
commission. 

25th.  Obscene  Matter.  To  prohibit  and  prevent  in  the  streets  and 


26 


elsewhere  in  said  city  any  lewd  and  lascivious  behavior  or  indecent  ex- 
posure of  person,  the  show,  sale  or  exhibition  for  sale  of  any  indecent 
or  obscene  pictures,  drawings,  engravings,  paintings,  books  or  devices, 
or  any  written  or  printed  paper  or  other  thing  containing  obscene,  scur- 
rilous, scandalous,  libelous  or  defamatory  matter,  and  of  indecent  or 
obscene  exhibitions  and  shows  of  any  kind. 

27th.  Bridges,  Sewers,  Etc.  To  establish,  construct,  maintain,  re- 
pair, enlarge  and  discontinue  within  the  streets,  avenues,  lanes,  alleys 
and  public  places  of  said  city,  such  bridges,  culverts,  sewers,  drains  and 
lateral  drains  and  sewers  as  the  commission  may  see  fit;  to  compel  the 
owners  or  occupants  of  all  occupied  lots,  premises  and  sub-divisions 
thereof  within  said  city  to  construct  private  drains  and  sewers  there- 
from, to  connect  with  the  public  sewer  or  drain;  said  private  drains 
and  sewers  shall  be  constructed  in  such  manner  and  of  such  form  and 
dimensions,  and  under  such  regulations,  as  the  commission  shall  pre- 
scribe. 

28th.  Establish  Boundaries  of  Streets.  To  survey  and  establish  the 
boundaries  of  the  city,  and  all  streets,  avenues,  lanes,  alleys,  public 
parks,  grounds,  squares  and  spaces  in  said  city;  to  prevent  and  forth- 
with remove  all  incumbrances  and  encroachments  upon  the  same  by 
buildings,  fences,  or  in  any  other  manner,  the  expense  of  the  same  to  be 
paid  to  the  city  by  the  owner,  and  assessed  as  a lien  against  the  prop- 
erty; to  number  the  buildings,  and  to  assess  the  expense  of  such  num- 
bering to  the  owner  or  occupant  and  collect  the  same. 

29th.  Public  Health.  To  provide  for  the  preservation  of  the  general 
health  of  the  inhabitants  of  said  city;  to  make  regulations  to  secure 
the  same;  to  prevent  the  introduction  or  spreading  of  contagious  or 
infectious  diseases;  to  prevent  and  suppress  the  causes  of  diseases  gen- 
erally; to  establish  a board  of  health,  and  prescribe  and  regulate  its 
powers  and  duties;  and  the  commission  shall  from  time  to  time  adopt 
such  ordinances,  rules  and  regulations  as  shall  fully  carry  out  the  mat- 
ters referred  to  in  this  section  and  protect  the  health  of  the  people  of 
the  city  as  provided  in  this  and  other  sections  of  this  Charter. 

30th.  Houses  of  111  Fame.  To  prohibit,  prevent  and  suppress  dis- 
orderly houses,  the  keeping  of  houses  of  ill  fame  or  assignation,  or  for 
the  resort  of  common  prostitutes;  to  restrain,  suppress  and  punish  the 
keepers  thereof  and  the  persons  found  therein;  to  punish  common  pros- 
titues,  vagrants,  and  drunken  and  disorderly  persons;  to  prohibit,  pre- 
vent and  suppress  mock  auctions  and  every  kind  of  fraudulent  game, 
device  or  practice,  and  to  punish  all  persons  managing,  using,  practicing 
or  attempting  to  manage,  use,  or  practice  the  same,  and  all  persons 
aiding  in  the  management,  use  and  practice  thereof. 

31st.  Unwholesome  Food.  To  prohibit,  prevent  and  suppress  the 
sale  of  every  kind  of  unsound,  nauseous  or  unwholesome  meat,  poultry, 
fish,  vegetables  or  other  articles  of  food  and  provisions,  and  to  punish 
all  persons  who  shall  knowlingly  sell  the  same  or  offer  or  keep  the  same 
for  sale. 

32nd.  Disturbance  of  Meetings.  To  prevent  the  disturbance  of  any 

27 


religious  congregation  or  any  other  public  meeting  assembled  for  any 
lawful  purpose. 

33rd.  Cesspools,  Etc.  To  direct  and  regulate  the  construction  of 
cellars,  slops,  barns,  private  drains,  private  sewer  pipes  and  fixtures,  and 
cesspools,  sinks  and  privies;  to  compel  the  owner  or  occupant  to  fill  up, 
remove,  drain,  cleanse,  alter,  relay  or  repair  the  same. 

34th.  Storing  of  Explosive  Substances  and  Obnoxious  Matter.  Ex- 
tra Hazardous  Buildings.  To  prohibit  and  prevent  within  certain  limits 
or  districts  in  said  city,  to  be  determined  by  the  commission,  the  loca- 
tion and  construction  of  buildings  for  storing  gunpowder,  powder  fac- 
tories, tanneries,  distilleries,  buildings  for  the  manufacture  of  turpen- 
tine, camphene  and  dangerous  or  explosive  substances,  slaughter 
houses  and  yards,  butchering  shops,  soap,  candle,  starch  and  glue  fac- 
tories, establishments  for  steaming  or  rendering  lard,  tallow,  offal  and 
such  other  substances  as  can  be  rendered  in  tallow,  lard  or  oil,  and  all 
establishments  where  any  nauseous,  offensive  or  unwholesome  business 
may  be  carried  on,  and  such  buildings,  factories,  shops  and  establish- 
ments as  aforesaid,  now  or  hereafter  to  be  constructed  in  said  city,  to- 
gether with  blacksmith  shops,  foundaries,  cooper  shops,  steam  boiler 
factories,  carpenter  shops,  planing  establishments,  breweries,  and  all 
buildings  or  establishments  usually  regarded  as  extra  hazardous  in  re- 
spect to  fire,  shall  be  subject  to  such  regulations  in  relation  to  their 
construction  and  management  as  the  commission  may  make  with  a view 
to  the  protection  from  injury  by  fire  or  for  the  preservation  of  the 
health  and  safety  of  the  inhabitants  of  said  city,  and  to  prevent  them 
from  becoming  in  any  way  nuisances. 

35th.  Fire  Limits.  To  prescribe,  from  time  to  time,  limits  or  dis- 
tricts within  said  city,  within  which  wooden  buildings  and  structures 
shall  not  be  erected,  placed  or  enlarged,  and  to  direct  the  manner  of 
constructing  and  repairing  buildings  within  such  limits  or  districts  and 
the  material  of  which  the  outer  walls  and  roofs  shall  be  constructed 
and  repaired  with  respect  to  protection  against  fire;  to  prohibit  and  pre- 
vent the  removal  of  wooden  or  frame  buildings  from  any  place  without 
or  within  such  limit  to  any  lot  or  place  within  such  limits  or  districts. 

36th.  Fire  Limits.  To  regulate  or  prohibit  within  such  limits  or 
districts  the  location  of  shops,  the  prosecution  of  any  trade  or  business, 
the  keeping  of  lumber  yards,  the  erection  of  gas  works,  and  the  storing 
of  lumber,  wood  or  other  easily  inflammable  material,  when  in  the 
opinion  of  the  commission  the  danger  from  fire  is  increased,  and  every 
building  or  structure  which  may  be  erected,  placed,  or  enlarged  or  kept 
in  violation  of  any  ordinance  or  regulation  of  the  commission  made  for 
the  prevention  of  fire,  is  hereby  declared  to  be  a nuisance  and  may  be 
abated  or  removed  by  direction  of  the  commission. 

37th.  Division  Walls,  Fences,  Etc.  Fire  Hazard.  Enter  Buildings. 
To  regulate  the  construction  of  division  or  partition  fences,  and  of  par- 
tition and  parapet  walls,  the  walls  of  buildings  and  their  thickness;  to 
regulate  the  construction  of  buildings,  chimneys,  hearths,  fire-places, 
fire  arches,  ovens,  and  the  putting  up  of  stoves,  stovepipes,  kettles,  boil- 


28 


ers,  or  any  structure  or  apparatus  that  may  be  dangerous  in  causing 
or  promoting  fires  or  the  safety  of  the  building;  to  prevent  the  burning 
out  of  chimneys  and  chimney  flues;  to  compel  and  regulate  the  cleaning 
thereof  and  to  fix  the  fees  therefor;  to  compel  and  regulate  the  con- 
struction of  ash  houses,  or  depositories  for  ashes;  to  compel  the  owners 
of  houses  and  other  buildings  to  have  scuttles  in  the  roofs  thereof,  and 
steps  or  ladders  leading  to  the  same;  to  authorize  and  empower  officers 
to  enter  into  all  buildings  and  enclosures  to  discover  whether  the  same 
are  in  a dangerous  state,  or  have  hazardous  material  stored  therein,  and 
to  cause  such  as  are  in  a dangerous  or  hazardous  state  to  be  put  in  a 
safe  condition,  and  to  punish  any  person  for  neglecting  or  refusing  so 
to  do;  to  compel  all  persons  to  aid  in  the  extinguishment  of  fires  and 
preservation  of  property,  and  to  authorize  any  of  the  officers  of  the  city 
to  keep  idle  or  suspicious  persons  away  from  the  vicinity  of  fires. 

38th.  Fire  Department.  To  establish,  regulate  and  maintain  a fire 
department,  and  make  rules  and  regulations  for  its  government,  and  by 
ordinance  shall  prescribe  rules  and  regulations  deemed  by  it  necessary 
for  the  prevention  of  fires. 

39th.  Regulate  Pawnbrokers,  Auctioneers,  Etc.  License  Circuses 
and  Shows.  Parades  on  Streets.  Hotels.  Territory  in  Which  Liquor 
May  Be  Sold.  To  license  and  regulate  or  restrict  or  prevent  hawking 
and  peddling  in  the  streets,  lanes,  alleys,  and  public  places  in  the  city, 
and  may  prescribe  rules  to  govern  and  may  license  and  regulate  pawn- 
brokers and  auctioneers,  salesmen  soliciting  trade  at  retail  by  samples, 
solicitors  of  passengers  or  baggage  for  the  benefit  of  any  hotel,  tavern, 
public  house,  private  house,  railroad  or  other  place,  also  draymen  and 
their  drays,  cartmen  and  their  carts,  trunkmen,  porters,  runners,  cabs 
and  their  drivers;  hackney,  taxicab,  carriages  and  automobiles  and  their 
drivers;  omnibuses,  carriages,  sleighs,  express  vehicles,  and  vehicles  of 
every  description  used  and  employed  for  hire;  scavengers,  chimney 
sweeps,  and  bill  posters,  and  fix  their  fees  and  rates  of  compensation, 
and  the  fees  to  be  paid  by  them  into  the  city  treasury  for  licenses; 
prevent  or  license  and  regulate  the  public  exhibition  by  persons  or  com- 
panies of  natural  or  artificial  curiosities,  caravans,  circuses,  menageries, 
theatrical  representations,  concerts,  musical  entertainments,  exhibitions 
of  common  show  men  and  shows  of  any  kind  or  parades  of  the  same 
in  the  city  streets;  and  may  license  and  regulate  halls,  opera  houses, 
rinks,  and  other  places  of  public  amusement,  and  may  also  regulate  the 
keeping  of  hotels,  taverns,  and  other  public  houses,  groceries,  ordinaries, 
saloons,  and  victualing  and  other  houses  or  places  of  furnishing  meals, 
food  or  drink;  and  may  license,  regulate,  or  suppress  hucksters,  and 
may  regulate  the  keepers  of  shops,  stalls,  booths  or  stands  at  markets 
or  any  other  place  in  said  city  for  the  sale  of  any  kind  of  meats,  fish, 
poultry,  vegetables,  food,  or  provisions,  and  may  regulate,  prescribe  and 
restrict  the  territory  within  and  the  streets  upon  which  saloons  where 
intoxicating  liquors  are  sold,  shall  be  located. 

40th.  Census.  To  provide  for  taking  a census  of  the  inhabitants  of 
the  city  whenever  the  commission  may  see  fit,  and  to  direct  and  regulate 
the  same. 


29 


41st.  Employment  of  Prisoners.  To  provide  for  the  employment  of 
all  persons  confined  for  the  non-payment  of  any  fine,  penalty,  for- 
feiture or  costs,  or  for  any  offense  under  this  Charter,  or  any  ordinance 
of  the  common  council  heretofore  made,  or  by  the  commission  hereafter 
made,  in  the  jail  of  Marquette  county,  or  in  any  city  prison,  at  work 
or  labor,  either  within  or  without  the  said  city,  or  upon  the  streets, 
lanes,  alleys  or  public  grounds  of  said  city,  or  on  any  public  work  under 
the  control  of  the  commission;  to  allow  any  person  so  confined  for  the 
non-payment  of  any  fine,  penalty,  forfeiture  or  cost,  to  pay  and  dis- 
charge the  same  by  such  work  or  labor,  and  to  fix  the  value  and  rates 
of  such  work  and  labor. 

42nd.  Revoke  Licenses.  To  authorize  the  granting,  issuing  and  re- 
voking of  licenses  in  all  cases  where  licenses  may  be  granted  and  issued 
under  this  Charter  and  the  ordinances  of  the  commission;  to  direct  the 
manner  of  issuing  and  registering  the  same,  and  by  what  officer  they 
shall  be  issued  or  revoked,  and  to  prescribe  the  amount  of  money  to  be 
paid  therefor  to  the  city  treasurer;  but  no  license  shall  be  granted  for 
more  than  one  year. 

43rd.  Printing.  To  provide  for-printing  and  publishing  all  matter 
required  to  be  printed  and  published  under  this  Charter,  or  by  order  of 
the  commission,  in  such  manner  as  the  commission  may  prescribe. 

44th.  The  commission  shall  have  power  by  the  affirmative  vote  of 
four  or  more  members  of  the  commission,  unless  otherwise  limited  in 
this  Charter,  to  purchase  and  hold  real  estate  for  the  use  of  said  city, 
for  waterworks,  water  supply,  sewerage,  swimming  pools,  playgrounds, 
electric  power  plants,  gas  plants,  or  other  public  utility  plants,  hospitals, 
park  or  cemetery  purposes,  either  within  or  without  the  corporate  limits 
of  said  city,  and  to  have  and  exercise  the  same  power  and  control  over 
the  same  as  though  the  same  were  within  the  city  limits  of  said  city; 
and  the  commission  may  by  unanimous  vote  sell  real  estate  belonging  to 
the  city  when  same  comes  into  disuse  or  is  not  required  for  city  purposes, 
when  not  restricted  by  the  general  laws  of  the  State  of  Michigan. 

45th.  Prohibit  in  Certain  Cases.  To  prohibit  all  practices,  amuse- 
ments and  doings  in  said  streets,  lanes,  alleys,  public  places,  parks  and 
grounds,  having  a tendency  to  frighten  teams  and  horses  or  dangerous  to 
life,  limb  or  property;  to  remove  or  cause  to  be  removed  therefrom  all 
walls  and  structures  that  may  be  liable  to  fall  so  as  to  endanger  life, 
limb  or  property. 

46th.  Sale  of  Goods.  To  prohibit,  restrain  or  regulate  the  sale  of  all 
goods,  wares  and  personal  property  at  auction,  except  in  cases  of  sales 
authorized  by  law,  and  to  fix  the  license  fee  to  be  paid  by  auctioneers 
and  of  the  owner  of  the  property  being  sold. 

47th.  Drains  Under  Railroads.  To  compel  all  railroad  and  railway 
and  street  car  lines  within  said  city  to  construct  and  maintain  all  street 
crossings,  drains,  culverts  and  sewers  upon  and  across  their  right-of- 
way,  tracks  and  grounds,  and  of  sufficient  capacity  to  care  for  the  water 
that  is  or  may  be  retarded  in  its  flow  to  the  outlets,  and  to  compel  them 
to  pay  for  the  cost  of  the  same;  and  to  construct  and  maintain  of  the 


30 


material  designated  by  the  Department  of  Public  Works,  street  crossings 
over  and  across  their  tracks,  whenever  streets  cross  the  same. 

48th.  Burning  of  Coal,  Etc.  To  regulate  the  burning  of  coal,  petro- 
leum, and  other  kinds  of  fuel  within  the  limits  of  said  city,  in  such  man- 
ner, by  means  of  smoke  consumers  or  otherwise,  as  to  decrease  the 
amount  of  smoke  or  prevent  the  smoke  therefrom  becoming  .a  nuisance 
or  offense  to  the  inhabitants  of  said  city. 

49th.  Minors.  To  prohibit  minors  from  being  abroad  at  night,  ex- 
cept by  permission  of  their  parents  or  guardians. 

50th.  Cigarettes,  Etc.  To  prohibit  the  sale  of  cigarettes  and  tobacco 
to  minors  contrary  to  the  laws  of  this  state. 

51st.  Minors  in  Certain  Places.  To  prohibit  and  prevent  minors 
from  frequenting  or  remaining  in  or  about  any  saloon  or  other  place 
where  spirituous  and  intoxicating  liquors  are  sold,  or  in  any  billiard 
room,  bowling  alley,  or  other  place  where  games  of  skill  or  chance,  or 
partly  of  skill  and  partly  of  chance,  are  being  played,  or  in  any  place 
where  any  form  of  gaming  is  carried  on. 

52nd.  Purity  of  Milk.  The  commission  shall  provide  for  and  regu- 
late the  sale  of  milk  and  provide  for  the  purity  of  the  milk  supply  and 
the  inspection  of  milk,  meat,  poultry,  fish  and  other  foodstuffs  and  sup- 
plies. 

53rd.  Hospitals  and  Public  Health.  To  provide  for  the  health  of  the 
inhabitants  of  the  city,  make  regulations  to  secure  the  same  and  pre- 
vent the  introduction  or  spreading  of  contagious  or  infectious  diseases; 
establish  one  or  more  contagipus  or  infectious  disease  hospitals,  and 
may  compel  persons  sick  with  infectious  or  contagious  diseases  to  be 
confined  and  treated  in  such  hospitals. 

54th.  The  commission  may  by  ordinances  provide  for  the  things  re- 
ferred to  herein,  and  may  also  provide  penalties  for  the  violation  of  any 
such  ordinances,  by-laws  or  regulations. 

Sec.  4.  Weights  and  Measures.  The  commission  shall  also  provide 
by  ordinance  for  the  inspection,  testing,  and  sealing  of  all  scales, 
weights,  meters  and  measures,  and  the  inspection  and  testing  the  qual- 
ity of  gas  used  in  the  city,  and  may  prescribe  the  fees  of  such  inspection 
and  testing;  may  fix  the  penalties  for  using  scales,  weights,  meters  and 
measures  without  such  testing  and  sealing,  or  refusing  to  have  the 
same  tested  and  sealed,  as  provided  by  said  ordinance,  or  for  furnishing 
gas  not  up  to  the  standard  or  as  represented. 

The  inspection  above  provided  for  shall  be  under  the  Department  of 
Public  Health  and  Safety,  acting  through  the  police  department.  The 
department  may  detail  a policeman  or  make  it  the  duty  of  all  police- 
men to  make  inspections  as  provided  above  at  such  time  or  times  and 
in  the  manner  provided  by  ordinance.  The  commission  shall  provide 
the  department  the  necessary  test  scales,  measures  and  apparatus  to 
make  tests  and  inspections. 

Sec.  5.  Employ  Experts.  The  commission  may  employ  experts  to 
inspect  and  test  and  aid  the  police  department  in  making  tests  of  the 
gas,  electric  lights,  meters,  scales,  weights  and  measures  as  often  and 


31 


at  such  times  as  the  Department  of  Public  Health  and  Safety  may  re- 
quest, or  whenever  it  deems  the  same  necessary  for  the  protection  of  the 
citizens  and  in  aid  of  the  police  department. 

Sec.  6.  Punishment.  The  commission  is  also  authorized  to  enact  an 
ordinance  to  punish  any  person  using  false  scale,  weight,  meters  or 
measure,  or  selling  any  commodity  of  less  weight  or  measure  than  that 
ordered,  or  any  gas  light  of  a quality  not  of  the  well-established  stand- 
ard or  quality,  or  what  it  is  represented  to  be  by  the  seller. 

CHAPTER  11. 

INITIATIVE  AND  REFERENDUM. 

Section  1.  Initiative.  Any  proposed  ordinance  may  be  submitted  to 
the  commission  by  petition  signed  by  qualified  electors  of  the  city  and 
filed  with  the  clerk. 

Sec.  2.  Petition  of  20  Per  Cent  Special  Election.  Upon  the  filing  of 
a petition  accompanying  a proposed  ordinance,  purporting  to  be  signed 
by  qualified  electors  equal  in  number  to  at  least  twenty  per  centum  of 
the  entire  vote  cast  for  all  candidates  for  mayor  or  for  commissioner 
for  full  term  at  the  last  preceding  election,  and  containing  a request 
that  said  proposed  ordinance  be  submitted  to  a vote  of  the  people,  the 
city  clerk  shall  within  five  days  ascertain  and  certify  its  number  of 
qualified  signers.  If  such  certificate  shows  the  required  number  of 
such  signers,  the  commission  shall  within  twenty  days  thereafter,  either 

(a)  Pass  said  ordinance  without  alteration,  subject  to  the  referen- 
dum of  this  Charter,  or 

(b)  Call  a special  election,  to  be  held  within  thirty  days,  unless  a 
general  or  special  municipal  election  is  to  be  held  within  ninety  days 
thereafter,  and  at  such  election  said  proposed  ordinance  shall  be  sub- 
mitted without  alteration  to  the  vote  of  the  qualified  electors  of  the 
city. 

Sec.  3.  Petition  of  5 Per  Cent  General  Election.  If  a petition  pro- 
posing an  ordinance  signed  by  qualified  electors  equal  in  number  to  at 
least  five  per  centum,  but  less  than  twenty  per  centum  of  the  entire 
vote  cast  for  all  candidates  for  mayor  or  commissioner  for  full  term,  at 
the  last  preceding  general  election,  shall  be  filed  with  the  clerk  thirty 
days  before  any  regular  municipal  election,  then  such  proposed  or- 
dinance, without  alterations,  shall  be  submitted  by  the  commission  to 
electoral  vote  at  such  election,  provided  the  clerk  shall  have  ascertained 
and  certified  the  sufficiency  of  the  petition  accompanying  such  or- 
dinance. 

Sec.  4.  Referendum  on  Protest.  No  ordinance  passed  by  the  com- 
mission, except  when  otherwise  required  by  the  general  laws  of  the  state 
or  by  the  provisions  of  this  Charter,  and  except  an  ordinance  for  the  im- 
mediate preservation  of  the  public  peace,  health,  or  safety,  which  con- 
tains a statement  of  its  urgency  (but  no  grant  of  any  franchise  shall 
be  construed  to  be  an  urgency  measure,  and  all  franchises  shall  be  sub- 
ject to  the  referendum  vote  herein  provided  for),  shall  take  effect  before 

32 


thirty  days  after  its  final  passage  and  final  publication.  If,  within 
said  thirty  days  a petition  signed  by  qualified  electors  of  the  city  equal 
in  number  to  at  least  twenty  per  centum  of  the  entire  vote  cast  for  all 
candidates  for  mayor  or  commissioner  for  full  term  at  the  last  pre- 
ceding general  election,  be  presented  to  the  commission,  protesting 
against  such  ordinance  taking  effect,  the  same  shall  thereupon  and  there- 
by be  suspended  from  taking  effect.  The  commission  shall  immediately 
reconsider  such  ordinance,  and  if  the  same  be  not  entirely  repealed,  the 
commission  shall  submit  it,  by  the  method  provided  in  this  Charter,  to 
a vote  of  the  qualified  electors  of  the  city,  either  at  the  next  general 
municipal  election  or  at  a special  election  which  may  in  its  discretion 
be  called  by  it  for  that  purpose,  and  such  ordinance  shall  not  take  ef- 
fect unless  a majority  of  the  qualified  electors  voting  on  the  same  at 
such  election,  shall  vote  in  favor  thereof. 

Sec.  5.  Commission  May  Refer.  The  commission  may,  of  its  own 
motion,  submit  to  electoral  vote  for  adoption  or  rejection  at  a general 
or  special  municipal  election,  any  proposed  ordinance  or  measure,  or  a 
proposition  for  the  repeal  or  amendment  of  any  ordinance,  in  the  same 
manner  and  with  the  same  force  and  effect  as  provided  in  this  article 
for  submission  or  petition.  If  the  provisions  of  two  or  more  proposed 
ordinances-  or  measures,  adopted  or  approved  at  the  same  election,  are 
inconsistent,  then  the  ordinance  or  measure  receiving  the  highest  af- 
firmative vote  shall  prevail. 

Sec.  6.  Ordinance  Must  Be  Published.  Whenever  any  proposed  or- 
dinance shall  be  submitted  to  the  voters  of  the  city  at  any  election,  the 
commission  shall  cause  it  to  be  published  in  a daily  or  weekly  newspaper 
published  in  the  city,  once  in  each  week  for  three  successive  weeks  im- 
mediately preceding  such  election. 

Sec.  7.  Form  of  Ballot.  The  ballots  used  when  voting  upon  such 
proposed  or  referred  ordinance  shall  state  the  nature  of  the  ordinance  in 
terms  sufficient  to  identify  it,  and  on  separate  lines  the  words  “For  the 
Ordinance”  and  “Against  the  Ordinance”,  with  appropriate  spaces  pre- 
pared in  which  the  voter  may  express  his  choice.  If  a majority  of  the 
qualified  electors  voting  on  said  proposed  ordinance  shall  vote  in  favor 
thereof,  the  same  shall  thereupon  become  an  ordinance  of  the  city  and 
shall  take  effect  as  provided  in  this  Charter. 

Sec.  8.  Provision  shall  be  made  on  a single  ballot  for  voting  upon  all 
proposed  ordinances  submitted  at  any  election. 

Sec.  9.  There  shall  not  be  held  under  this  chapter  more  than  one 
special  election  in  any  period  of  six  months. 

Sec.  10.  Any  ordinance  adopted  under  this  Charter  by  electoral  vote 
cannot  be  repealed  or  amended  except  by  electoral  vote. 

Sec.  11.  The  commission  may,  by  ordinance,  make  such  regulations, 
not  in  conflict  herewith,  as  it  may  deem  necessary  to  carry  out  the  pro- 
visions of  this  chapter. 

Sec.  12.  May  Submit  Other  Questions.  At  any  special  election 
called  under  the- provisions  of  this  chapter  there  shall  be  no  bar  to  the 
submission  of  other  questions  to  the  vote  of  the  electors  in  addition  to 


33 


the  ordinances  or  measures  herein  provided  for,  if  said  other  questions 
are  such  as  may  otherwise  legally  he  submitted  at  such  election. 

CHAPTER  12. 

PROOF  OF  BY-LAWS  AND  ORDINANCES  AND  PROCESS 
AGAINST  THE  CITY. 

Section  1.  Publication  of  Ordinance.  No  by-laws  or  ordinances 
shall  be  of  any  effect  until  the  same  shall  have  been  published  at  least 
once  in  each  week,  for  two  successive  weeks,  in  at  least  one  daily  news- 
paper printed  and  published  in  said  city,  unless  otherwise  directed  by 
the  affirmative  votes  of  four  members  of  the  commission  at  the  time  of 
its  passage. 

Sec.  2.  Proof  of  Ordinances  and  Proceedings.  All  by-laws,  or- 
dinances and  proceedings  of  the  commission  may  be  read  in  evidence  in 
all  courts  of  justice  and  in  all  proceedings  before  any  officers,  body  or 
board  in  which  it  shall  be  necessary  to  refer  to  the  same,  either, 

First,  from  a record  thereof,  kept  by  the  clerk;  or 

Second,  from  a copy  thereof,  certified  by  the  clerk  with  the  seal  of 
the  city  affixed  thereto,  or, 

Third,  from  any  volume  of  by-laws  or  ordinances  purporting  to  have 
been  printed  by  the  authority  of  the  commission,  and  such  record,  cer- 
tified copy,  or  printed  volume,  shall  be  prima  facie  evidence  of  such  by- 
laws, ordinances  and  proceedings,  without  other  proof  of  the  enactment 
thereof,  publishing,  or  any  other  thing  concerning  the  same. 

Sec.  3.  Process  Against  City.  All  process  issued  against  the  city 
shall  run  against  the  city  in  the  corporate  name  thereof,  and  such 
process  shall  be  served  by  exhibiting  the  original  and  leaving  a true  and 
certified  copy  thereof  with  the  mayor  or  clerk  of  said  city.  All  suits 
and  proceedings  heretofore  instituted  or  commenced  by  or  against  the 
City  of  Marquette,  and  pending,  shall  be  prosecuted  to  the  end  thereof, 
the  same  as  though  this  Charter  had  not  been  passed. 

CHAPTER  13. 

APPOINTIVE  OFFICERS. 

Section  1.  Appointive  Officers.  The  commission  shall  have  power, 
and  it  shall  be  its  duty,  to  appoint  a clerk,  treasurer,  city  attorney, 
assessor  and  health  officer,  and  as  many  assistants  as  it  deems  necessary, 
and  employes  whose  appointments  are  not  herein  provided  for,  who, 
except  as  herein  provided,  shall  serve  during  the  pleasure  of  the  com- 
mission as  the  commission  may  from  time  to  time  deem  necessary  to 
carry  into  effect  the  powers  and  duties  in  this  Charter  conferred. 

Treasurer  and  Recorder  Continue  in  Office.  Provided,  however,  that 
the  treasurer,  whose  term  of  office  for  which  he  was  elected  has  not 
expired  at  the  time  this  Charter  shall  go  into  effect,  shall  continue  to 
hold  office  and  perform  the  duties  of  treasurer  under  this  Charter  until 
the  term  for  which  he  was  elected  shall  expire,  and  the  recorder  likewise 


34 


shall  be  continued  in  office  as  and  under  the  title  of  city  clerk  until  the 
expiration  of  the  time  for  which  he  was  elected  recorder,  and  the  first 
appointments  by  the  commission  to  fill  the  offices  named  shall  be  at  the 
expiration  of  their  respective  terms. 

Sec.  2.  Salary.  Each  of  the  above  named  elective  officers  shall  re- 
ceive and  be  continued  at  the  same  salary  or  other  compensation  as 
was  paid  them  when  this  Charter  went  into  effect,  and  the  same  shall 
not  be  increased  or  decreased  during  the  term  for  which  they  were 
elected. 

Term  of  Office.  They  shall  each  hold  their  office  until  their  suc- 
cessors are  appointed  and  have  qualified,  and  they  shall  severally  be 
under  the  control  and  direction  of  the  commission  through  departments 
designated  in  this  Charter  and  the  commission. 

Sec.  3.  Removal  from  Office  and  Discontinuance  of  Office.  The  com- 
mission shall  have  power  to  suspend  or  remove  from  office  at  any  time 
any  of  the  officers  or  employes  appointed  by  it  whose  term  of  office  is 
not  herein  limited  as  to  time  of  expiration,  and  may  discontinue  the  of' 
fice  by  a vote  of  a majority  of  the  members. 

Sec.  4.  Removal  of  Elective  and  Appointive  Officers.  Any  member 
of  the  commission,  including  the  mayor  and  any  appointive  officer  ap- 
pointed for  a definite  period  by  the  commission,  and  also  the  constables,, 
may  be  removed  from  office  by  a concurring  vote  of  four  members  of 
the  commission  upon  complaint  made  in  writing  by  the  mayor,  or  any 
commissioner,  or  by  twenty-five  electors.  Said  complaint  must  be 
sworn  to  by  the  mayor,  or  commissioner,  or  by  at  least  two  of  the 
electors  making  the  same,  and  must  set  forth  specifically  one  of  the 
following  causes,  giving  the  act,  date  and  place: 

(A) .  Cause  for  Removal.  Conviction  by  a court  of  competent  juris- 
diction of  any  offense  under  the  laws  of  the  State  of  Michigan. 

(B) .  Habitual  drunkenness. 

(C) .  Ineompetency  to  perform  the  duties  of  his  office. 

(D) .  Wilful  neglect  of  duty. 

(E) .  Corrupt  or  wilful  malfeasance  or  misfeasance  in  office. 

Charges  to  Be  Served.  A copy  of  the  complaint  and  charges,  giving 

full  information  as  to  the  offense  charged,  shall  be  served  upon  the  of- 
ficer, and  time  shall  be  given  for  a defense.  The  time  and  place  of  hear- 
ing shall  be  fixed  by  the  commission,  and  notice  of  the  same  shall  be 
given  with  the  copy  of  the  complaint. 

Sec.  5.  Suspension  of  any  appointive  officer  may  be  made  by  the 
commission.  There  shall  be  but  one  suspension  for  the  same  offense 
and  the  same  shall  not  be  for  a longer  period  than  thirty  days. 

Sec.  6.  Commission  May  Add  Duties  and  Consolidate.  The  enumer- 
ation in  this  Charter  of  the  duties  of  any  appointive  officer  shall  not  be 
construed  as  limiting  the  power  of  the  commission  to  impose  upon  and 
obligate  him  to  do  and  perform  other  duties  not  inconsistent  with  thU 
Charter.  The  commission  at  any  time  may  add  to,  change  or  take 
away  any  of  his  duties  and  may  consolidate  and  place  in  charge  of  one 
of  the  other  officers  the  functions  and  duties  of  two  or  more  offices. 


35 


Sec.  7.  Issue  Subpoenas.  To  enable  the  commission  to  investigate 
charges  against  city  officials,  or  make  investigations  in  this  Charter 
provided  for,  or  investigations  in  any  other  matters  or  things  it  desires 
to  investigate,  the  mayor  or  any  justice  of  the  peace  is  empowered  to, 
and  shall  at  the  request  of  the  commission,  issue  subpoenas  or  process 
by  warrant,  to  compel  the  attendance  of  witnesses  and  the  production 
of  books,  papers  and  other  evidence  before  the  commission  or  any  com- 
mittee thereof,  or  the  accountant  herein  before  provided  for. 

Sec.  8.  Administer  Oaths.  Witnesses  so  subpoenaed  or  brought  be- 
fore the  commission  or  any  committee  appointed  to  investigate,  or  be- 
fore the  accountant,  may  be  sworn  by  the  presiding  officer  of  the  com- 
mission, or  the  chairman  of  such  committee,  or  said  accountant,  each  of 
whom  are  empowered  to  administer  the  necessary  oath;  and  the  com- 
mission or  committee  or  said  accountant  shall  have  the  same  power  to 
compel  the  witnesses  to  testify  as  is  conferred  on  courts  or  justices  of 
the  peace. 

CHAPTER  14. 

POWERS  AND  DUTIES  OF  THE  CLERK  AND  TREASURER. 

Section  1.  Clerk.  Duties.  Same  Duties  as  Township  Clerk.  The 
clerk’s  office  shall  be  under  the  direction  of  the  Department  of  Public 
Affairs.  The  clerk  of  said  city  shall,  in  addition  to  the  other  duties 
imposed  upon  him  by  this  Charter,  keep  the  corporate  seal  and  all 
papers  filed  in  or  pertaining  to  his  office.  He  shall  make  and  preserve 
a record  of  all  ordinances  and  by-laws  passed  by  the  commission  in 
proper  books  to  be  provided  therefor,  which  books  shall  contain  a copy 
of  all  ordinances  and  by-laws  and  shall  be  indexed  as  to  each  ordinance 
by  the  title  thereof,  and  which  ordinances  and  by-laws  shall  be  entered 
in  said  book  as  soon  after  their  passage  as  possible;  he  shall  copy  the 
Charter  of  said  city  and  amendments  thereto,  and  all  acts  and  parts  of 
acts  of  the  legislature  relative  to  said  city,  each  in  their  chronological 
order,  as  near  as  may  be,  and  properly  index  the  same  in  a book  pro- 
vided for  that  purpose,  and  when  requested  so  to  do,  upon  the  payment 
of  the  fees  to  be  paid  county  clerks  in  such  cases,  shall  duly  certify, 
under  the  corporate  seal,  copies  of  any  Charter,  any  ordinances  or  of 
the  records  of  the  commission  and  of  all  papers  duly  filed  in  his  office, 
which  shall  be  received  as  evidence  in  all  courts  and  places  of  the  mat- 
ters therein  contained;  provided,  that  where  any  book  or  record  of  any 
charter,  acts  of  the  legislature  in  reference  to  said  city  or  ordinance  or 
by-law  heretofore  passed  by  the  common  council  of  the  city  has  been 
made  and  indexed  as  above  provided,  and  at  the  time  of  the  going  into 
effect  of  this  Charter  is  in  the  custody  of  the  recorder  or  clerk  of  the 
city,  such  shall  continue  to  be  a record  of  the  same.  He  shall  perform 
all  such  duties  as  are  or  may  be  required  of  township  clerks  in  all  cases 
in  which  he  is  authorized  or  required  by  the  laws  of  this  state  or  by 
this  Charter,  to  act;  and  for  such  services  he  shall  collect  the  same  fees 
as  charged  under  the  laws  of  this  state  by  township  clerks.  He  is  also 
hereby  authorized  and  empowered  to  administer  oaths  and  take  affida- 


vits  in  connection  with  his  duties  as  clerk  and  also  with  relation  to  city 
affairs. 

Sec.  2.  Report  Proceedings.  Publication  of  Same.  Provide  for 
Election.  It  shall  also  be  the  duty  of  the  clerk  to  attend  all  meetings 
of  the  commission  and  keep  a fair  and  accurate  report  of  their  proceed- 
ings, which  shall  be  published  in  one  daily  paper  published  in  said  city, 
to  be  designated  by  the  commission,  and  in  case  of  the  absence  of  the 
clerk,  the  commission  may  appoint  one  of  their  own  number  clerk  pro 
tempore.  He  shall  issue  all  licenses  and  collect  all  license  fees,  and 
on  the  fifteenth  and  thirtieth  days  of  each  month  make  settlement  with 
the  justices  of  the  peace  and  report  the  same  to  the  treasurer.  He  shall 
provide  books,  tickets,  blanks  and  ballots  and  procure  places  for  holding 
election  and  provide  all  other  things  necessary  for  the  proper  conduct- 
ing of  elections  as  required  by  this  Charter  and  by  the  statutes. 

Sec.  3.  Purchasing  Agent.  The  clerk  shall,  under  the  direction  of 
the  commission,  unless  otherwise  provided  by  the  commission,  act  as 
the  purchasing  agent  of  the  city,  and  shall  make  report  to  the  commis- 
sion as  to  things  purchased,  the  price  and  from  whom  purchased. 

Sec.  4.  Turn  Over  Money  to  Treasurer.  All  moneys  collected  by  him 
for  license  fees,  fines,  copying  records,  filing  papers,  or  from  any  other 
source,  shall  be  the  property  of  the  city  and  turned  over  by  him  to  the 
city  treasurer  weekly  with  a full  and  detailed  statement  of  the  same, 
showing  from  whom  received  and  for  what  purpose,  and  a duplicate 
report  thereof  shall  be  made  by  him  to  the  commission. 

Sec.  5.  Other  Duties.  The  said  clerk  shall  do  and  perform  such 
other  duties  as  shall  be  imposed  upon  him  by  the  provisions  of  this 
Charter  and  the  ordinances  of  said  city  and  resolutions  or  orders  of  the 
commission  that  may  from  time  to  time  be  adopted. 

Sec.  6.  Term  of  Office.  His  term  of  office  shall  be  during  the  pleasure 
of  the  commission  and  until  his  successor  is  appointed  and  qualified. 

Sec.  7.  Certify  Taxes.  Immediately  after  the  commission  shall  have 
ordered  the  levy  of  any  taxes,  the  clerk  shall  certify  to  the  assessor  of 
said  city  the  amounts  thereof,  and  the  purposes  for  which  the  same  is 
to  be  collected. 


CHAPTER  15. 

POWERS  AND  DUTIES  OF  CITY  TREASURER. 

Section  1.  Duties  of  Treasurer.  Render  Account.  Collect  All  Taxes. 
The  treasurer’s  office  shall  be  under  the  Department  of  Accounts  and 
Finance.  The  treasurer  of  said  city  shall  have  the  custody  of  all  the 
money  and  evidences  of  indebtedness  belonging  to  the  city;  he  shall 
receive  all  moneys  belonging  to,  and  receivable  by  the  corporation,  and 
keep  an  accurate  account  of  the  receipts  and  disbursements  thereof;  he 
shall  pay  no  money  out  of  the  treasury  except  on  claims  presented  to 
and  allowed  by  the  commission,  and  upon  a warrant  signed  by  the  clerk 
and  countersigned  by  the  mayor,  which  shall  specify  the  purpose  for 
which  the  amount  is  to  be  paid;  he  shall  keep  an  accurate  account  of 

37 


and  be  charged  with  moneys  received  for  each  fund  of  the  corporation, 
and  shall  pay  every  warrant  out  of  the  particular  fund  constituted  or 
raised  for  the  purpose  for  which  said  warrant  was  issued,  and  having 
the  name  of  each  fund  endorsed  thereon  by  the  clerk,  and  from  no 
other  or  different  fund.  He  shall  exhibit  to  the  commission  annually, 
and  as  often  and  for  such  periods  as  may  be  required  by  the  commis- 
sion, a full  and  detailed  account  of  all  receipts  and  disbursements  since 
the  date  of  his  last  annual  report,  classifying  them  by  the  fund  to  which 
such  receipts  are  credited  and  out  of  which  such  disbursements  are 
made;  and  shall  annually  exhibit  a general  statement  showing  the 
financial  condition  of  the  treasury,  which  account,  report  and  state- 
ment shall  be  filed  in  the  office  of  the  clerk;  he  shall  also  collect  all  city 
taxes  imposed  by  the  commission,  in  the  manner  provided  by  this  Char- 
ter and  the  resolutions  and  ordinances  in  relation  thereto;  it  shall 
also  be  his  duty,  and  he  is  hereby  directed  and  authorized  to  perform  the 
same  duties  in  relation  to  the  collection  and  return  of  taxes  for  state, 
county  and  school  purposes  assessed  and  levied  within  said  city  as  is 
or  shall  be  required  of  township  treasurers;  and  shall  perform  his  duties 
in  the  same  manner  and  under  the  same  liabilities  as  are  imposed  by 
law  upon  township  treasurers,  and  shall  in  all  matters  be  subject  to  the 
rules  and  instructions  of  the  commission,  except  as  his  duties  may  be 
governed  by  this  Charter  or  the  general  laws. 

Sec.  2.  Fees  for  Collection.  All  fees  for  collection  of  taxes  shall  be- 
long to  the  city,  and  be  accounted  for  by  the  treasurer. 

Sec.  3.  Term  of  Office.  His  term  of  office  shall  be  during  the  pleas- 
ure of  the  commission  and  until  his  successor  is  appointed  and  qualified. 


CHAPTER  16. 

ASSESSOR. 

Section  1.  Assessor.  The  assessor’s  office  is  hereby  declared  to  be 
under  the  Department  of  Accounts  and  Finance. 

Assistant  Assessors.  The  commission  may  appoint  an  assistant  if 
it  shall  deem  necessary  to  perform  the  work  of  the  office.  The  asses- 
sor shall  be  the  accountant  and  chief  auditing  officer  of  the  city. 

Sec.  2.  Same  Duty  as  Supervisors.  Make  Assessments  for  Many 
Purposes.  Sign  Warrants  to  Treasurer.  All  Duties  Under  Statute.  The 
assessor  is  hereby  authorized  and  required  to  perform  the  same  duties 
that  the  supervisors  of  townships  under  the  general  laws  of  the  state 
are  required  to  perform  in  relation  to  the  assessing  of  property  and 
levying  of  taxes,  for  state,  county,  school  and  city  purposes,  and  shall 
make,  assess  and  levy  assessments  for  pavements,  sidewalks,  curbing, 
water  pipes  and  laying  of  the  same  and  their  connections,  sewers  and 
connections,  and  any  and  all  other  assessments  that  shall  be  ordered 
by  the  commission  and  provided  for  in  this  Charter,  and  shall  issue 
warrants  which  shall  be  signed  by  him,  the  said  assessor,  and  by  the 
mayor  or  acting  mayor,  and  sealed  with  the  seal  of  said  city,  to  the 
treasurer  of  said  city  for  the  collection  of  all  taxes  so  assessed,  in  the 

38 


same  manner,  as  near  as  may  be,  unless  otherwise  provided  herein,  as 
the  supervisors  of  townships  issue  warrants  to  the  township  treasurer 
for  the  collection  of  township  taxes.  He  shall  perform  all  other  duties 
that  may  be  prescribed  by  the  statutes  for  supervisors  to  do  and  per- 
form, except  such  duties  as  are  specifically  assigned  by  this  Charter  to 
the  office  of  supervisors  herein  provided  for,  and  shall  do  and  perform 
all  the  duties  prescribed  in  this  Charter  or  by  the  commission. 

Sec.  3.  Taxes  Under  General  Law.  The  city  assessor  shall  in  each 
year,  on  or  before  the  second  Monday  in  March,  assess  the  property  in 
said  city  liable  to  taxation  under  the  general  laws  of  this  state  now 
or  hereafter  in  force,  for  state,  county  and  school  purposes,  and  he  shall, 
for  the  purpose  of  such  assessment,  exercise  and  have  the  same  powers 
in  making  Said  assessment  and  assessment  roll  as  are  or  may  be  given 
to  supervisors  of  townships  by  the  general  tax  laws  of  the  state,  and 
in  addition  thereto  such  other  powers  with  reference  to  assessments 
as  are  herein  provided. 

Sec.  4.  Term  of  Office.  Assistant  Assessor.  His  term  of  office  shall 
be  during  the  pleasure  of  the  commission  and  until  his  successor  is  ap- 
pointed and  qualified.  In  his  absence  from  duty  an  assistant  desig- 
nated by  the  commission  shall  perform  all  the  duties  of  assessor. 


CHAPTER  17. 

CITY  ATTORNEY. 

Section  1.  City  Attorney.  Th*e  city  attorney’s  office  is  hereby  de- 
clared to  be  under  the  Department  of  Public  Affairs. 

Sec.  2.  Qualifications.  The  city  attorney  must  be  an  attorney  qual- 
ified to  practice  in  all  of  the  courts  of  this  state  and  a resident  of  the 
City  of  Marquette  for  three  years  next  preceding  his  appointment.  He 
shall  prosecute  and  defend  for  the*  city  all  actions  at  law  or  in  equity 
and  all  special  proceedings  for  or  against  the  city,  and  shall  represent 
the  city  in  all  other  actions  or  proceedings  in  which  the  rights  of  the 
city  are  concerned;  and  whenever  any  cause  of  action  in  law  or  in 
equity  or  by  special  proceedings  exist  in  favor  of  the  city  he  shall  com- 
mence the  same  when  directed  to  do  so  by  the  commission. 

Give  Advice.  He  shall  give  legal  advice,  and  when  asked  the  same 
shall  be  in  writing  to  the  mayor,  any  commissioner  or  any  officers  named 
in  this  Charter,  upon  questions  arising  in  the  several  departments  or  in- 
volving the  rights  and  liabilities  of  the  city. 

Contracts.  The  form  of  and  legality  of  all  contracts  made  by  the 
city  or  by  any  officer  for  said  city  shall  be  submitted  to  and  passed  upon 
by  the  city  attorney  before  execution,  and  he  shall,  when  requested, 
prepare  the  same. 

Draw  Ordinances.  Ordinances  to  Be  Submitted  to  Him.  When  di- 
rected by  the  commission  or  by  any  of  its  members,  he  shall  prepare 
ordinances,  and  unless  the  commission  otherwise  directs,  all  ordinances 
shall  be  submitted  to  him  before  the  final  passage  thereof. 

File  Opinions.  Clerk  Copy.  He  shall  file  with  the  clerk  all  written 


39 


opinions  made  by  him,  and  the  clerk  shall  paste  or  transcribe  them  in 
a book  kept  for  that  purpose  and  properly  index  the  same  for  ready  ref- 
erence, and  said  attorney  shall  do  such  other  things  in  connection  with 
his  office  as  may  from  time  to  time  be  required  by  the  commission. 

Other  Attorneys.  The  commission  may  employ  other  attorneys 
whenever  necessary. 

Sec.  3.  Term  of  Office.  The  term  of  office  shall  be  during  the  pleas- 
ure of  the  commission  and  until  his  successor  is  appointed  and  qualified. 


CHAPTER  18. 

Department  of  Public  Works. 

STREETS. 

Section  1.  Streets.  The  commission,  through  the  Department  of 
Public  Works,  shall  have  supervision  and  control  of  all  public  highways, 
bridges,  streets,  avenues,  alleys,  sidewalks,  sewers,  gutters,  crosswalks, 
playgrounds,  parks,  public  buildings,  Park  cemetery  and  other  public 
grounds  within  the  city,  and  shall  have  power  to  construct,  re-construct 
and  maintain  the  same  and  cause  the  same  to  be  kept  free  from  ob- 
struction and  nuisances. 

Sec.  2.  Notice  of  Injury.  The  city  shall  not  be  liable  to  respond  for 
damages  for  any  injury  to  person  or  property  occasioned  by  any  defect, 
or  alleged  defect,  in  any  public  street,  main,  alley,  park,  walk,  public 
space,  public  building  or  public  grounds  within  said  city  unless  the  per- 
son claiming  said  damages  shall  within  ten  days  next  after  such  injury 
give  written  'hotice  thereof  to  the  mayor,  city  clerk,  or  city  attorney, 
giving  the  time,  place,  cause  and  manner  of  such  injury  and  the  facts 
connected  therewith,  and  the  names  of  the  witnesses,  if  any  were  pres- 
ent when  such  injury  was  received,  and  shall  also,  within  ninety  days 
next  after  such  injury,  present  to  the  city  clerk  his  claim  in  writing  and 
under  oath,  setting  forth  particularly  the  nature  and  extent  of  such 
injury  and  the  amount  of  damages  claimed  by  reason  thereof,  which 
claim  shall  be  presented  to  the  commission. 

Sec.  3.  Hearing.  Such  claim  shall  be  presented  to  the  commission 
at  its  next  regular  meeting  and  the  commission  shall  thereupon  proceed 
to  an  investigation  thereof,  and  in  such  investigation  may,  in  its  dis- 
cretion, order  that  proofs  be  taken  in  regard  to  such  claim,  which  proofs 
shall  be  taken  as  nearly  as  practicable  in  the  manner  provided  by  law 
for  the  taking  of  testimony  by  deposition  in  judicial  proceedings,  or  in 
such  other  manner  as  the  commission'  shall  direct,  which  proofs,  when 
taken,  shall  be  filed  with  the  clerk.  The  claimant  shall  within  thirty 
days  after  publication  of  the  minutes  of  the  session  of  the  commission 
at  which  it  ordered  the  taking  of  proofs  on  said*  claim,  or  within  such 
further  time  as  the  commission  may  allow,  proceed  to  take  evidence  in 
support  of  his  claim  in  the  same  manner  as  that  adopted  by  the  com- 
mission, and  shall  diligently  prosecute  the  same.  Such  claimant  may 
give  his  testimony  in  relation  to  said  claim,  and  if  the  injury  shall  be 


40 


to  his  person  shall  submit  himself  to  reasonable  physical  examination 
by  such  registered  physicians  and  surgeons  as  shall  be  designated  by 
the  commission,  and  in  case  of  injury  to  property  shall  exhibit  to  the 
commission,  or  to  such  persons  as  the  commission  shall  designate,  the 
injured  property,  and  any  neglect  or  refusal  so  to  do,  or  to  do  anything 
herein  required  of  him,  shall  be  deemed  a waiver  and  abandonment  of 
his  claim. 

Sec.  4.  Appeal  Court’s  Only  Jurisdiction.  No  court  shall  have  juris- 
diction of  any  such  claim  except  upon  appeal  as  hereinafter  provided. 

Sec.  5.  Appeal.  In  case  any  such  claim  shall  be  disallowed  by  the 
commission  and  the  claimant  shall  not  be  content  therewith,  or  shall 
not  be  content  with  the  amount  awarded  or  tendered  him  in  settlement 
thereof,  such  claimant  shall  within  ten  days  after  notice  of  the  action 
of  the  commission  upon  said  claim  file  with  the  city  clerk  a notice  of 
his  intention  to  appeal  from  said  determination,  and  shall  within  sixty 
days  next  thereafter  cause  a transcript  of  such  claim,  together  with  a 
certified  copy  of  the  minutes  of  the  action  of  the  commission  relative 
to  such  claim,  to  be  filed  in  the  office  of  the  clerk  of  the  circuit  court 
for  the  County  of  Marquette,  in  the  form  and  manner  of  appeals  from 
the  justices  of  the  peace  now  filed,  and  it  is  hereby  made  the  duty  of 
the  city  clerk  to  make  such  certified  copy  for  such  appellant  without 
charge  therefor. 

Sec.  6.  Appeal  Bond.  Before  filing  such  appeal,  the  clerk  of  said 
county  shall  require  the  appellant  to  execute  and  file  a bond  in  the  sum 
of  three  hundred  dollars,  with  one  or  more  sureties,  to  be  approved  by 
the  clerk,  conditioned  for  the  payment  of  all  costs  adjudged  against  the 
appellant  in  said  action,  which  bond  shall  be  filed  in  said  cause;  pro- 
vided, however,  that  in  case  the  appellant  shall  make  affidavit  that  by 
reason  of  poverty  such  appellant  is  not  able  to  furnish  such  security, 
such  bond  shall  not  be  required  except  upon  motion  and  showing  made 
to  the  judge  of  said  circuit  court  that  the  appellant  is  able  to  furnish 
such  security. 

Sec.  7.  Notice  of  Appeal  and  Practice  in  Circuit  Court.  The  appel- 
lant shall  upon  filing  said  appeal  cause  notice  thereof  to  be  served  upon 
the  city  attorney,  and  after  such  notice  the  said  cause  shall  be  pro- 
ceeded in  in  the  same  manner  as  prescribed  by  law  and  the  rules  of  prac- 
tice in  suits  commenced  by  summons;  provided,  however,  that  the  ap- 
pellant shall  not  be  permitted  to  state  in  his  declaration  any  other  or 
different  cause  of  action  than  that  set  forth  in  his  notice  of  injury  and 
statement  of  claim  required  by  Section  2 hereof  to  be  filed  with  the 
clerk. 

Sec.  8.  May  Open  or  Close  Streets.  Special  Assessments.  The  com- 
mission shall  have  authority  to  lay  out,  open,  widen,  extend,  straighten, 
alter,  close,  vacate,  or  abolish  any  highway,  street  or  alley  in  the  city, 
whenever  they  shall  deem  the  same  a public  improvement;  and  if  in  so 
doing  it  shall  be  necessary  to  use  or  take  private  property,  the  same 
may  be  taken  in  the  manner  provided  by  the  general  laws  of  the  state 
for  taking  private  property  for  public  use.  The  expense  of  such  im- 


41 


provement  may  be  paid  by  special  assessments  upon  the  property  ben- 
efited by  such  improvement,  in  the  manner  in  this  Charter  provided  for 
levying  and  collecting  special  assessments;  or,  in  the  discretion  of  the 
commission,  a portion  of  such  costs  and  expenses  may  be  paid  by  special 
assessments  as  aforesaid,  and  the  balance  from  the  general  fund. 

Sec.  9.  Hearings  on  Question  of  Vacating  Street.  When  the  com- 
mission shall  deem  it  advisable  to  vacate,  discontinue  or  abolish  any 
street,  alley  or  public  ground,  or  any  part  thereof,  they  shall  by  resolu- 
tion so  declare,  and  in  the  same  resolution  shall  appoint  a time,  not 
less  than  four  weeks  thereafter,  when  they  shall  meet  and  hear  objec- 
tions thereto;  notice  of  such  meeting,  with  a copy  of  said  resolution, 
shall  be  published  for  not  less  than  four  weeks  before  the  time  ap- 
pointed for  such  meeting  in  one  of  the  newspapers  of  the  city;  provided 
that  no  street  or  public  place  leading  to  a water  front  shall  be  vacated 
unless  approved  by  three-fifths  of  the  electors  voting  thereon  at  a spe- 
cial or  general  election. 

Sec.  10.  Record  of  Action.  Every  resolution  or  ordinance  discontinu- 
ing or  vacating  any  street,  alley  or  public  ground,  shall  be  recorded  in  a 
book  of  street  records,  and  the  record  shall  be  prima  facie  evidence  of 
all  the  matters  therein  set  forth. 

Sec.  11.  May  Establish  or  Change  Grades.  The  commission  shall 
have  authority  to  determine  and  establish  the  grade  of  all  streets,  ave- 
nues, alleys  and  public  grounds  within  the  city,  and  may  change  or  alter 
the  grade  of  any  street,  alley  or  public  ground,  or  of  any  part  thereof, 
whenever  in  their  opinion  the  public  convenience  will  be  promoted  there- 
by. Whenever  a grade  shall  be  established  or  altered,  a record  and 
diagram  thereof  shall  be  made  in  the  book  of  street  records  in  the  office 
of  the  city  clerk,  and  it  shall  be  the  duty  of  the  clerk  to  make  such 
record. 

Sec.  12.  Abutting  Property  Not  Liable  for  Expense  of  Re-Grading 
Street.  Whenever  any  street,  alley  or  public  highway  shall  have  been 
graded,  or  pavement  shall  have  been  constructed  in  conformity  to  grades 
established  by  authority  of  the  city,  and  the  expense  thereof  shall  have 
been  assessed  upon  lots  or  lands  bounded  by,  or  abutting  upon,  such 
street,  alley,  or  public  highway,  the  owner  or  owners  of  such  lots  or 
lands  shall  not  be  subject  to  any  special  assessment  occasioned  by  any 
subsequent  change  of  grade  in  such  pavement,  alley  or  public  highway, 
but  the  expense  of  all  improvements  occasioned  by  such  change  of  grade 
shall  be  chargeable  to  and  be  paid  by  the  city. 

Sec.  13.  Compensation  to  Owner  of  Abutting  Property  Damaged  by 
Change  of  < Grade.  Whenever  the  grade  of  any  street  or  sidewalk  shall 
have  been  heretofore,  or  shall  hereafter,  be  established,  and  improve- 
ments shall  thereafter  be  made  by  the  owner  or  occupant  of  the  ad- 
jacent property  in  conformity  to  such  grade,  such  grade  shall  not  be 
changed  without  compensation  to  the  owner  for  all  damages  to  such 
property  resulting  therefrom,  to  be  ascertained  by  a jury  as  provided 
by  the  general  laws  of  the  state,  or  said  damages  may  be  ascertained 
and  agreed  upon  by  and  between  such  city  and  the  owner  or  occupant 


42 


of  such  premises.  Whenever  such  damage  shall  be  ascertained  or  agreed 
upon  as  heretofore  provided,  such  damages,  or  such  part  thereof  as  the 
commission  shall  deem  equitable  and  just,  shall  be  paid  by  the  city,  or 
the  commission  may  cause  such  damages,  or  such  part  thereof  as  may 
be  just  and  proper,  to  be  assessed  upon  such  real  estate  as  may  be  ben- 
efited by  reason  of  the  change  of  such  grade,  and  whenever  the  commis- 
sion shall  determine  to  assess  such  damages,  or  any  part  thereof,  upon 
the  property  benefited,  it  shall  determine  and  define  a district  in  said 
city  which,  in  its  judgment,  is  benefited  by  the  improvement  out  of 
which  said  damages  arise,  and  shall  cause  the  same  to  be  assessed  upon 
such  district,  which  said  assessment  shall  be  upon  the  owners  or  occu- 
pants of  the  real  estate  in  said  district  in  proportion  as  nearly  as  may 
be  to  the  advantage  or  benefit  each  lot,  parcel  or  sub-division  is  deemed 
to  acquire  by  the  improvement  out  of  which  such  damages  arise,  but  the 
property  on  account  of  which  such  damages  were  awarded  shall  not  be 
included  in  said  district.  The  assessment  shall  be  made,  and  the 
amount  levied  and  collected,  in  the  same  manner  as  other  assessments 
on  a district  deemed  to  be  benefited  in  the  grading  and  improvement  of 
streets,  as  provided  for  in  this  Charter,  and  all  the  provisions  of  this 
Charter  relative  to  special  assessments  and  the  collection  thereof,  shall 
apply  thereto.  Such  damages,  when  collected  as  aforesaid,  and  when 
determined  by  said  city,  shall  be  paid  to  the  person  entitled  thereto. 

Sec.  14.  Special  Assessment.  Such  part  of  the  expense  of  improving 
any  street,  lane  or  alley,  by  grading,  paving,  planking,  curbing,  or  other- 
wise, and  of  repairing  the  same,. as  the  commission  shall  determine,  and 
keeping  the  same  free  from  dust  and  nuisance,  may  be  paid  from  the 
general  fund,  or  the  whole  or  such  part  of  the  expense  of  such  improve- 
ment as  the  commission  shall  determine,  may  be  defrayed  by  special 
assessments  upon  lots  and  premises  included  in  a special  assessment  dis- 
trict, to  be  constituted  of  such  lands  as  in  the  opinion  of  the  commis- 
sion will  be  benefited  by  the  improvement. 

Sec.  15.  Shade  Trees.  The  commission  may  provide  for  and  regulate 
the  planting  of  shade  and  ornamental  trees  in  the  public  highways, 
streets  and  avenues  of  the  city,  and  for  the  protection  thereof. 

Sec.  16.  Property  Beyond  City  Limits.  When  the  commission  shall 
deem  it  for  the  public  interest,  grounds  and  buildings  for  necessary 
public  uses  may  be  purchased,  erected  and  maintained  beyond  the  cor- 
porate limits  of  the  city;  and  in  such  cases  the  commission  shall  have 
authority  to  enforce,  beyond  the  city  limits,  and  over  such  lands,  build- 
ings and  property,  in  the  same  manner  and  to  the  same  extent  as  if 
they  were  situated  within  the  city,  all  such  ordinances  and  police  regu- 
lations as  may  be  necessary  for  the  care  and  protection  thereof,  and  for 
the  management  and  control  of  the  persons  kept  or  confined  in  any 
building  maintained  upon  said  property. 

Sec.  17.  Sidewalks.  The  commission  shall  have  control  of  all  side- 
walks in  the  public  streets  and  alleys  of  the  city,  and  may  prescribe  the 
grade  thereof,  and  change  the  same  when  deemed  necessary.  It  shall 
have  power  to  build,  maintain  and  keep  in  repair  sidewalks  and  cross- 


43 


walks  in  the  public  streets  and  alleys,  and  to  charge  the  expense  of  con- 
structing and  maintaining  such  sidewalks  upon  the  lots  and  premises 
adjacent  to  and  abutting  upon  such  walks. 

Sec.  18.  May  Compel  Owners  to  Maintain  Sidewalks.  The  commis- 
sion shall  also  have  authority  to  require  the  owners  and  occupants  of 
lots  and  premises  to  build,  rebuild  and  maintain  sidewalks  in  the  pub- 
lic streets  adjacent  to  and  abutting  upon  such  lots  and  premises,  and 
to  keep  them  in  repair  at  all  times,  and  to  construct  and  lay  the  same 
upon  such  lines  and  grades  and  of  such  width,  materials  and  manner  of 
construction,  and  within  such  time  as  the  commission  shall  by  ordinance 
or  resolution  prescribe,  the  expense  thereof  to  be  paid  by  such  owner  or 
occupant,  or  the  commission  may  pay  such  part  of  the  expense  of  build- 
ing or  rebuilding  such  walk  as  they  may  deem  proper. 

Sec.  19.  Special  Assessment  for  Sidewalks.  If  the  owner  or  occu- 
pant of  any  lot  or  premises  shall  fail  to  build,  rebuild  or  maintain  any 
particular  sidewalk,  or  shall  fail  to  keep  the  same  in  repair,  or  remove 
the  snow,  ice  and  filth  therefrom,  or  to  remove  and  keep  the  same  free 
from  obstructions,  encroachments,  encumbrances  or  other  nuisances,  or 
shall  fail  to  perform  any  other  duty  required  by  the  commission  in  re- 
spect to  such  sidewalks,  within  such  time  and  in  such  manner  as  the 
commission  shall  require,  the  commission  may  cause  the  same  to  be 
done,  and  such  sidewalk  to  be  built,  rebuilt  or  repaired,  and  the  expense, 
or  such  part  thereof  as  the  commission  shall  have  determined,  shall  be 
charged  to  such  owner  or  occupant,  and  the  commission  may  cause  the 
amount  of  such  expenses  incurred  thereby,  for  which  such  owner  or 
occupant  shall  have  become  liable,  to  be  reported  to  the  assessor,  to  be 
levied  by  him  as  a special  tax  or  assessment  upon  the  lot  or  premises 
adjacent  to  and  abutting  upon  such  sidewalk,  which  special  assessment 
shall  be  subject  to  review,  after  proper  notice  is  given  as  in  all  other 
cases  of  special  assessment  provided  for  by  this  Charter,  and  such  tax 
when  confirmed  shall  be  a lien  upon  such  lot  or  premises,  and  the  same 
shall  be  collected  in  the  same  manner  as  other  city  taxes;  or  the  city 
may  collect  such  amount  from  the  owner  or  occupant  of  such  premises 
in  an  action  of  assumpsit,  together  with  costs  of  suit. 

SEWERS  AND  DRAINS. 

Sec.  20.  Sewer  System.  The  commission  shall  maintain,  improve 
and  extend  the  present  sewer  system  of  the  city  as  need  therefor  shall 
arise  and  shall  build  new  sewers  and  drains  whenever  and  wherever 
necessary,  and  all  such  maintenance,  improvement  and  construction  shall 
be  in  such  dimensions  and  materials  and  under  such  regulations  as  the 
commission  may  deem  suitable  for  the  proper  drainage  of  the  city.  Pri- 
vate property,  or  the  use  thereof,  may  be  taken  therefor  in  the  manner 
prescribed  in  this  Charter  for  taking  private  property  for  public  use. 
But  in  all  cases  when  the  commission  shall  deem  it  practicable,  such 
sewers  and  drains  shall  be  constructed  in  public  streets  and  grounds. 

Sec.  21.  The  commission  shall  devise  and  cause  to  be  prepared  and 
filed  in  the  office  of  the  city  clerk  plats  and  diagrams  of  all  such  new 


44 


sewer  construction  showing  its  connection,  if  any,  with  the  present  sew- 
erage system  of  the  city,  and  like  plats  and  diagrams  of  all  extensions 
and  improvements  added  to  the  present  system. 

Section  22.  The  commission  may  in  its  discretion  from  time  to  time 
divide  the  city  into  main  or  trunk  sewer  districts  to  enable  it  to  equita- 
bly and  justly  distribute  the  cost  of  the  construction  of  such  sewers, 
which  cost  may  in  the  discretion  of  the  commission  be  paid  wholly  out 
of  the  general  fund,  or  partially,  but  not  less  than  one- sixth  thereof, 
out  of  the  general  fund,  and  the  balance  by  special  assessment  upon  the 
property  benefited  thereby. 

Sec.  23.  Before  proceeding  to  the  construction  of  any  main  or  trunk 
sewer,  a portion  or  the  whole  of  the  cost  of  which  is  to  be  defrayed  by 
assessment  on  the  property  benefited  thereby,  the  commission  shall 
cause  to  be  prepared  a diagram  and  plat  of  the  whole  sewer  district, 
showing  all  the  streets,  public  grounds,  lands,  lots  and  sub-divisions 
thereof  in  the  district  and  the  proposed  route  and  location  of  the  sewer, 
the  depth,  grade  and  dimensions  thereof,  and  shall  procure  and  attach 
to  said  diagram  an  estimate  of  the  cost  of  such  sewer  and  a statement 
of  the  proportion  thereof  to  be  raised  by  special  assessment  upon  the 
private  property  in  said  district;  and  thereupon  the  commission  shall 
give  notice  by  publication  for  at  least  four  weeks  in  one  of  the  daily 
newspapers  of  the  city  of  the  intention  to  construct  such  sewer  and  to 
defray  the  whole  or  a portion  of  the  cost  thereof  upon  the  private  prop- 
erty benefited  thereby,  arid  also  give  notice  where  said  diagram  may  be 
found  for  examination  and  of  the  time  when  the  commission  will  meet 
and  consider  any  suggestions  and  objections  that  may  be  made  by  par- 
ties interested  with  respect  to  such  sewer. 

Sec.  24.  Sewer  District  and  Special  Assessment.  When  the  commis- 
sion shall  determine  to  construct  any  such  main  or  trunk  sewer,  it  shall 
so  declare  by  resolution,  designating  the  district  and  describing  by  ref- 
erence to  the  diagram  and  plat  thereof,  mentioned  in  the  preceding  sec- 
tion, the  route  and  location,  grade  arid  dimensions  of  the  sewer,  and 
shall  determine  in  the  same  resolution  what  part  of  the  estimated  ex- 
pense of  the  sewer  shall  be  paid  from  the  general  fund,  and  what  part 
shall  be  defrayed  by  special  assessment  according  to  benefits;  and  it 
shall  cause  such  plat  and  diagram  as  adopted  to  be  recorded  in  the  of- 
fice of  the  city  clerk  in  the  book  of  sewer  records. 

Sec.  25.  Petition  by  Owners  for  Sewer.  Whenever  the  owners  of  a 
majority  of  the  lands  liable  to  assessment  for  the  construction  of  any 
sewer  in  any  portion  of  the  city  shall  petition  for  the  construction  of 
a sewer  therein,  the  commission  shall  construct  a sewer  in  such  locality 
and  defray  the  cost  thereof  by  special  assessment  upon  the  property 
benefited  thereby.  In  all  other  cases  sewers  shall  be  constructed  and 
the  cost  thereof  defrayed  by  special  assessment  upon  the  property  ben- 
efited thereby  in  the  discretion  of  the  commission. 

Sec.  26.  Special  Assessment.  Special  assessments  for  the  construc- 
tion of  sewers  shall  be  made  by  the  assessor  in  the  manner  provided  in 
this  Charter  for  making  special  assessments.  But  such  assessments 


45 


shall  be  made  according  to  special  benefits  to  property  assessed  without 
reference  to  any  improvements  or  buildings  thereon. 

Sec.  27.  Private  Drains.  Whenever  the  commission  shall  deem  it 
necessary  for  the  public  health,  they  may  require  the  owners  and  occu- 
pants of  lots  and  premises  to  construct  private  drains  therefrom  to  con- 
nect with  some  public  sewer  or  drain,  and  thereby  to  drain  such  lots 
and  premises;  and  to  keep  such  private  drains  in  repair  and  free  from 
obstruction  and  nuisance;  and  if  such  private  drains  are  not  constructed 
and  maintained  according  to  such  requirement,  the  commission  may 
cause  the  work  to  be  done  at  the  expense  of  such  owner  or  occupant, 
and  the  amount  of  such  expense  shall  be  a lien  upon  the  premises 
drained,  and  may  be  collected  by  special  assessment  to  be  levied  thereon 
in  the  manner  herein  provided  for  the  levying  and  collecting  of  special 
assessments. 

Sec.  28.  The  owners  or  occupants  of  lots  and  premises  shall  have 
the  right  to  connect  the  same,  at  their  own  expense,  by  means  of  private 
drains,  with  the  public  sewers  and  drains,  under  such  rules  and  regula- 
tions as  the  commission  shall  prescribe. 

Sec.  29.  Toll  for  Private  Drains.  The  city  may  charge  and  collect 
annually  from  persons  whose  premises  are  connected  by  private  drains 
with  the  public  drains,  such  reasonable  sum,  not  exceeding  ten  dollars 
per  year,  as  it  may  deem  just,  in  proportion  to  the  amount  of  drainage 
through  such  private  drain;  and  such  charge  shall  be  a lien  upon  the 
premises  and  may  be  collected  by  special  assessment  thereon,  or  other- 
wise. 

Sec.  30.  Special  Assessment.  Such  part  of  the  expenses  of  providing 
ditches  and  improving  water  courses  as  the  commission  shall  determine 
may  be  defrayed  by  a special  assessment  upon  the  lands  and  premises 
benefited  thereby,  in  proportion  to  such  benefits. 

Sec.  31.  Public  Sewers  Public  Expense.  The  expense  of  repairing 
public  sewers,  ditches  and  water  courses  may  be  paid  from  the  general 
fund. 

Sec.  32.  Ordinances.  The  commission  may  enact  such  ordinances  as 
may  be  necessary  for  the  protection  and  control  of  the  public  drains  and 
sewers,  and  to  carry  into  effect  the  powers  herein  conferred  in  respect 
to  drainage  in  the  city. 

Sec.  33.  Sewer  Bonds.  If  the  commission  shall  have  determined  to 
construct  any  main  or  trunk  sewer,  and  if  it  shall  be  necessary  for  the 
city  to  borrow  money  for  the  payment  of  the  amount  determined  by  the 
commission  to  be  paid  from  the  general  fund  toward  the  construction 
of  such  sewer,  then  before  any  further  proceedings  are  had  looking 
toward  the  construction  of  such  sewer,  the  commission  shall  cause  to  be 
made  and  recorded  in  their  proceedings  an  estimate  of  the  amount  nec- 
essary to  be  borrowed  for  such  purpose,  and  the  question  of  borrowing 
such  amount  shall  be  submitted  to  the  qualified  taxpayers  of  the  city 
at  its  next  annual  election  or  at  a special  election  called  for  that  pur- 
pose by  the  commission,  as  provided  in  this  Charter. 

46 


Sec.  34.  Plumbers’  Licenses.  The  Department  of  Public  Works  may 
grant  licenses  to  those  engaged  in  making  connection  with  public  sew- 
ers, charging  such  fees  and  making  such  regulations  as  the  commission 
or  the  Department  of  Public  Works  may  prescribe. 

CHAPTER  19. 

WATER  SUPPLY. 

Section  1.  Manage  Plant.  The  commission,  through  the  Department 
of  Water,  shall  maintain,  conduct  and  control  the  present  water  works 
and  system  of  this  city;  and  shall  improve  and  extend  the  same  as  need 
therefor  shall  arise  to  enable  it  to  furnish  an  adequate  supply  of  pure 
water  for  domestic  use  and  for  fire  protection.  The  commission  shall 
also  make  all  such  ordinances,  rules  and  regulations  as  may  be  needed 
for  the  safe,  economical  and  efficient  management  thereof. 

Sec.  2.  Rates.  The  commission  shall  by  ordinance  establish  a uni- 
form system  of  rates  for  the  use  of  water  consumers,  make  such  rules 
and  regulations  for  the  use  of  water  as  may  be  deemed  expedient,  and 
provide  the  manner  in  which  the  owners  or  occupants  of  all  property 
may  be  compelled  to  pay  all . charges  for  water  furnished  upon  such 
property. 

Sec.  3.  No  Discrimination.  No  person,  firm,  corporation,  or  asso- 
ciation shall  be  allowed  free  use  of  water,  nor  shall  there  be  discrimi- 
nation among  water  users,  and  rebates  shall  never  be  allowed  to  any 
person,  firm  or  corporation,  except  a . uniform  discount  as  an  induce- 
ment for  prompt  payment  of  water  rates. 

CHAPTER  20. 

LIGHT  AND  POWER. 

Section  1.  Manage  Plant.  The  commission,  through  the  Department 
of  Light  and  Power,  shall  maintain,  conduct  and  control  the  present 
electric  generating  and  distributing  plant  of  this  city,  and  shall  im- 
prove and  extend  the  same  as  need  therefor  shall  arise  to  enable  it,  to 
furnish  the  city  and  its  inhabitants  with  an  adequate  supply  of  electric 
current  for  light  and  power.  The  commission  shall  also  make  all  such 
ordinances,  rules  and  regulations  as  may  be  needed  for  the  safe,  econ- 
omical and  efficient  management  thereof. 

Sec.  2.  Rates.  The  commission  shall  by  ordinance  establish  a uni- 
form system  of  rates  to  be  charged  to  the  users  of  electric  current, 
making  such  rules  and  regulations  governing  such  use  as  may  be 
deemed  expedient,  and  provide  the  manner  in  which  the  owners  or  occu- 
pants of  all  property  may  be  compelled  to  pay  all  charges  for  electric 
current  furnished  upon  such  property. 

Sec.  3.  No  Discrimination.  No  person,  firm,  corporation,  or  asso- 
ciation, shall  be  allowed  free  use  of  electric  current,  nor  shall  there  be 
discrimination  among  the  users  thereof,  and  no  rebates  shall  be  al- 
lowed to  any  person,  firm  or  corporation,  except  a uniform  discount  as 
an  inducement  for  prompt  payment  of  the  usual  rates. 

47 


CHAPTER  21. 

CHIEF  OF  POLICE  AND  POLICEMEN. 


Section  1.  Police  Officers.  The  chief  of  police  and  policemen  shall 
be  under  the  immediate  direction  of  the  Department  of  Public  Health 
and  Safety,  and  the  chief  of  police  and  policemen  and  constables  of 
the  city,  and  each  of  them,  shall  be  police  officers  of  said  city. 

Sec.  2.  Power  of  Commission.  The  commission  shall  assume  and 
exercise  through  the  Department  of  Public  Health  and  Safety,  the  en- 
tire control  of  the  police  force  of  the  City  of  Marquette,  and  shall  pos- 
sess full  power  and  authority  over  the  police  organization,  government, 
designation  of  titles  and  discipline.  The  Department  of  Public  Health 
and  Safety  shall  have  the  custody  and  control  of  all  public  property, 
books,  records  and  equipment  belonging  to  the  present  police  commis- 
sion, and  shall  provide  such  number  of  policemen,  with  or  without  pay, 
as  to  it  shall  be  deemed  necessary.  Provided,  however,  that  nothing 
in  this  section  contained  shall  be  held  to  abridge  or  annul  the  powers 
of  the  mayor  as  the  chief  executive  officer  of  the  city  as  in  this  Charter 
prescribed. 

Sec.  3.  Police  Force.  The  police  force  shall  consist  of  a chief  of 
police  and  such  number  of  policemen  as  shall  be  deemed  necessary. 

Sec.  4.  Without  Pay.  The  commission  can  appoint  policemen  with- 
out pay  to  acf  at  hotels,  school  buildings  and  grounds,  factories  and 
grounds  and  public  places  and  parks. 

Sec.  5.  Qualification.  No  person  shall  be  appointed  as  policeman 
or  police  official  with  pay,  who  is  not  a citizen  of  the  United  States. 

Sec.  6.  Take  Oath.  Duties.  All  members  of  the  police  force  shall, 
before  entering  upon  the  duties  of  their  office,  make  and  file  with  the 
city  clerk  the  constitutional  oath  according  to  law,  and  thereupon  they 
shall  possess  all  the  common  and  statutory  powers  of  constables  and 
sheriffs,  except  for  the  service  of  civil  process;  they  shall  have  the 
power  to  serve  any  subpoenas,  warrants,  orders,  notices,  papers  or  pro- 
cess issued  or  directed  by  any  justice  of  the  peace  or  court  in  criminal 
cases  in  the  State  of  Michigan,  in  the  execution  of  the  laws  of  this  state 
for  the  prevention  of  crimes  or  the  punishment  of  offenders;  it  shall 
be  their  duty  to  serve  all  summons,  subpoenas,  warrants,  commitments, 
notices,  orders,  papers,  processes  whatever  by  the  several  justices’  courts 
of  said  city,  in  all  cases  brought  for  the  violation  of  the  city  ordinances 
and  in  all  civil  cases  wherein  said  city  is  a party,  and  shall  attend  upon 
the  several  justices’  court  of  said  city  whenever  said  court  is  engaged 
in  the  trial  of  criminal  or  civil  cases  wherein  said  city  is  party  or  inter- 
ested, whenever  directed  so  to  do  by  the  mayor,  city  attorney,  com- 
missioner at  head  of  Department  of  Public  Health  and  Safety  or  chief 
of  police,  and  shall  serve  under  the  direction  of  chief  of  police,  all  no- 
tices and  papers  required  to  be  served  by  the  commission,  mayor,  any 
commissioner,  clerk  or  health  officer,  and  under  the  direction  of  the  city 
clerk  post  all  registration  and  election  notices,  make  provisions  for 
election  booths  and  the  proper  care  of  and  equipment  of  the  same. 


48 


Sec.  7.  Duties.  The  chief  of  police  and  the  officers  and  policemen 
under  him  shall  serve  all  processes  that  may  be  delivered  to  him  or 
either  of  them  for  service;  see  that  all  of  the  by-laws  and  ordinances 
of  the  commission  are  promptly  and  efficiently  enforced;  he  and  each 
of  them  shall  obey  all  the  lawful  orders  of  the  commission,  the  mayor 
or  the  commissioner  of  Public  Health  and  Safety;  may  command  the 
aid  and  assistance  of  all  constables  or  other  persons  in  the  discharge 
of  the  duties  imposed  on  them,  or  either  of  them,  by  the  laws  of  the 
state  or  by  the  ordinances  of  the  city,  and  each  of  them  shall  be  peace 
officer;  and  each  of  them  shall  have  power  and  authority  and  it  shall 
be  his  duty  with  or  without  process,  to  apprehend  any  person  disturbing 
the  peace,  or  offending  against  any  of  the  by-laws  or  ordinances  of  the 
city,  and  forthwith  to  take  such  person  before  any  justice  of  the  peace 
of  said  city,  to  be  dealt  with  as  the  laws  of  the  state  or  as  the  Charter 
or  ordinances  of  the  City  of  Marquette  shall  provide;  and  may  appre- 
hend and  imprison  any  person  found  drunk  in  any  street,  lane,  alley, 
park  or  public  place  in  said  city,  until  such  person  shall  become  sober; 
and  each  shall  be  and  is  hereby  authorized  to  command  the  assistance 
in  the  discharge  of  such  duties,  of  any  person,  if  by  him  deemed  neces- 
sary,  and  the  said  chief  of  police,  police  officials  or  policemen  shall  per- 
form all  duties  that  may  be  required  of  him  or  of  either  of  said  police 
officials  or  policemen,  or  either  of  them,  by  the  by-laws,  resolutions  or 
ordinances  passed  by  the  commission,  and  shall  carry  out  the  orders 
of  the  mayor  and  commissioner  of  the  Department  of^Public  Health 
and  Safety. 

Sec.  8.  Right  to  Arrest.  When  any  person  has  committed  or  is  sus- 
pected of  having  committed  any  crime  or  misdemeanor  within  the  city, 
or  has  escaped  from  any  city  prison,  or  custody  of  any  policeman,  the 
police  officers  of  the  city  shall  have  the  same  right  to  pursue,  arrest 
and  detain  such  person  without  the  city  limits  as  the  sheriff  of  the 
county. 

Sec.  9.  Must  Give  Notice  of  Resignation.  No  member  of  the  police 
force,  under  penalty  of  forfeiting  the  pay  which  may  be  due  to  him, 
shall  withdraw  or  resign  from  the  police  force,  unless  he  shall  have 
given  one  week’s  notice  thereof  in  writing  to  the  chief  of  police,  and 
no  person  who  shall  withdraw  or  resign  without  giving  such  notice,  or 
who  shall  have  been  removed  from  the  police  force  for  cause,  shall  be 
appointed  to  any  office  or  employment  in  the  said  city,  except  on 
unanimous  vote  of  the  commission. 

Sec.  10.  The  commission  shall  require  and  make  suitable  provis- 
ions concerning  security  to  be  entered  into  by  the  chief  of  police,  and 
said  commission  in  their  discretion,  may  require  security  from  any 
member  of  the  force,  conditional  for  the  performance  of  duty,  involving 
the  care  and  disposition  of  property.  v# 


49 


CHAPTER  22. 

FIRE  DEPARTMENT. 

Section  1.  Fire  Department.  The  Fire  Department  shall  be  under 
the  immediate  direction  and  control  of  the  Department  of  Public  Health 
and  Safety. 

Sec.  2.  Commission  to  Appoint.  The  Fire  Department  shall  consist 
of  a chief,  who  shall  he  fire  warden  and  building  inspector,  and  such 
number  of  other  officers  and  firemen  as  is  deemed  necessary,  and  the 
commission  shall  make  rules  and  regulations  for  their  government  and 
fix  their  rate  of  pay. 

Sec.  3.  Control  at  Fires.  The  chief  of  the  Fire  Department,  and  in 
his  absence  the  assistant  chief,  at  fires  shall  be  in  chief  control,  and 
may  call  on  the  chief  of  police  and  policemen  to  render  any  assistance 
that  he  may  require,  and  shall  have  all  the  power  and  authority  of 
police  officers. 


CHAPTER  23. 

HEALTH  OFFICER. 

Section  1.  Health  Officer.  The  health  officer  shall  be  appointed  by 
the  commission,  and  is  under  the  Department  of  Public  Health  and 
Safety. 

Sec.  2.  Qualifications.  He  must  be  a registered.,  physician  under 
the  laws  of  the  State  of  Michigan. 

Sec.  3.  Power.  He  shall  make  monthly  reports  to  the  commission, 
and  perform  such  duties  and  have  such  powers  as  may  be  given  him  by 
the  laws  of  the  State  of  Michigan  and  by  the  ordinances  of  this  city 
or  by  the  resolutions  of  the  commission. 

Sec.  4.  Board  of  Health.  The  commission,  the  health  officer  and 
chief  of  police  shall  constitute  the  board  of  health.  The  commissioner 
over  the  Department  of  Public  Health  and  Safety  shall  be  chairman 
thereof. 

Sec.  5.  Term  of  Office.  The  term  of  office  of  the  health  officer  shall 
be  during  the  pleasure  of  the  commission  and  until  his  successor  is 
appointed  and  qualified. 

CHAPTER  24. 

CITY  MARKET. 

Section  1.  The  commission,  through  the  Department  of  Public  Health 
and  Safety,  may  maintain  a city  market,  appoint  a market  master  and 
prescribe  his  duties,  and  make  rules  and  regulations  for  the  vending 
of  fish,  meats,  vegetables,  fruits,  wood,  hay,  straw,  coal  or  other  articles, 
and  provide  fees  for  the  right  to  expose  their  wares,  and  may  compel 
all  vendors  or  persons  doing  business  in  the  city  to  have  weighed  on  the 
city  scales  all  products  sold  by  the  ton,  or  have  measured  all  wood  sold 
to  the  inhabitants  of  the  city,  and  a ticket  furnished  by  the  market 
master  stating  the  weight  or  measurement. 


50 


Sec.  2.  The  commission  may  by  ordinance  or  resolution  provide  the 
hour  for  opening  and  closing  of  the  same,  and  may  require  vendors  to 
remain  at  the  market  place  until  a certain  hour  to  give  the  inhabitants 
of  the  city  a chance  to  purchase  their  wares,  and  after  the  hour  fixed 
in  the  ordinance  the  vendor  shall  be  free  to  dispose  of  his  wares  any 
place  in  the  city. 

CHAPTER  25. 

POUNDS. 

Section  1.  The  commission,  through  the  Department  of  Public  Health 
and  Safety,  may  provide  one  or  more  pounds  within  the  city,  and  may 
appoint  a poundmaster  or  provide  other  means  for  the  impounding  of 
animals  and  fix  fees  for  the  same. 

Sec.  2.  All  fees  received  for  the  impounding  of  animals  or  poultry 
shall  be  paid  to  the  city  treasurer  and  by  him  placed  in  the  general 
fund  of  the  city. 

CHAPTER  26. 

HARBORS. 

Section  1.  The  commission,  through  the  Department  of  Public  Health 
and  Safety,  shall  appoint  a harbor  master  for  the  enforcement  of  all 
such  ordinances  or  regulations  as  the  commission  may  lawfully  enact 
and  prescribe  in  respect  to  and  over  the  navigable  waters,  harbors, 
wharves,  docks,  landings  and  basins  within  the  city,  and  in  respect  to 
the  navigation  trade  and  commerce  of  the  city,  and  prescribe  the  duties 
and  powers  of  such  harbor  master. 

CHAPTER  27. 

LIBRARY. 

Section  1.  Free  Library.  The  commission  shall  maintain  the  Peter 
White  public  library  as  a ‘Tree  library”;  and  shall  commit  the  manage- 
ment thereof,  subject  to  the  ordinances  made  by  the  commission,  to  three 
trustees,  who  shall  serve  without  pay. 

Sec.  2.  Property.  The  building  and  grounds  and  all  books,  period- 
icals, papers,  printed  or  other  matter,  and  library  furniture  and  fixtures 
now  belonging  to  the  Peter  White  Public  Library,  are  hereby  vested  in 
the  commission. 

Sec.  3.  Must  Maintain.  The  commission  shall  annually  raise  by  tax- 
ation a sum  sufficient  to  maintain  the  said  library,  and  all  moneys  re- 
ceived from  fines  or  other  sources  shall  be  used  for  the  maintenance 
of  said  library. 

Sec.  4.  Bills  Paid  by  Commission.  All  bills  shall  be  O.  K.’d  by  the 
said  trustees  before  presentation  to  the  commission  for  payment,  and 
shall  be  audited  and  approved  in  the  manner  provided  for  payment  of 
other  bills  against  the  city. 

Sec.  5.  Annual  Report.  Annually,  in  the  month  of  December,  said 


51 


board  of  trustees  shall  make  to  the  commission  a report  showing  the 
condition  of  the  library  and  the  manner  in  which  all  moneys  received 
by  it  during  the  current  year  have  been  expended,  and  at  the  same  time 
submit  an  estimate  of  their  requirements  for  the  ensuing  fiscal  year. 

CHAPTER  28. 

FINANCE  AND  TAXATION. 

Section  1.  Fiscal  Year.  The  fiscal  year  of  the  city  shall  commence 
on  the  first  "day  of  January  in  each  year. 

Sec.  2.  May  Raise  Money  by  Taxation.  The  commission  of  the  city 
shall  have  authority  within  the  limits  herein  prescribed  to  raise  an- 
nually by  taxation  such  sums  of  money  as  may  be  necessary  to  defray 
the  expenses  and  pay  the  liabilities  of  the  city  and  to  carry  into  effect 
the  powers  in  this  Charter  granted. 

Sec.  3.  May  Divide  Into  Funds.  The  revenues  raised  by  general 
taxation  upon  all  the  property  in  the  city,  or  by  loan  to  be  repaid  by 
such  tax,  shall  be  divided  into  such  and  so  many  funds  as  the  commis- 
sion may  by  ordinance  or  resolution  determine. 

Sec.  4.  Special  Funds.  Revenues  and  moneys  raised  by  taxation  in 
the  special  assessment  districts  in  the  city  shall  be  divided  into  special 
assessment  funds.  The  money  raised  by  special  assessment  in  any 
special  assessment  district  for  sewer,  paving  repairs  or  improvement  of 
any  kind,  shall  constitute  a special  fund  for  the  purpose  for  which  it 
was  raised,  and  such  fund  shall  be  used  for  no  other  purpose  whatever, 
and  if  there  be  a surplus  after  paying  for  such  special  improvement,  it 
shall  be  returned  pro  rata  to  the  property  owners  assessed. 

Sec.  5.  Limit  of  Tax  Rate.  The  aggregate  amount  which  the  com- 
mission may  raise  by  general  tax  upon  the  taxable  real  and  personal 
property  in  the  city,  for  the  purpose  of  defraying  the  general  expenses 
and  liabilities  of  the  corporation,  shall  not  exceed  in  any  year  one  and 
one-half  per  cent  of  the  assessed  value  of  all  real  and  personal  property 
in  the  city. 

Sec.  6.  Limit  of  Special  Assessment  Roll.  In  addition  to  the  above 
amounts,  the  commission  may  raise  by  special  assessment  in  a special 
assessment  district,  for  the  purpose  of  grading,  paving,  curbing  and 
otherwise  improving  the  streets,  and  for  constructing  sewers  and  drains 
and  making  other  local  improvements  chargeable  upon  the  lands  and 
property  in  the  district,  according  to  frontage  or  benefits,  and  for 
all  other  purposes  for  which  the  main  sewer  funds  and  special  assess- 
ment funds  are  constituted,  such  sums  as  they  shall  deem  necessary, 
but  not  exceeding  in  any  one  year  ten  per  cent  on  the  assessed  value 
of  the  property  in  a special  assessment  district,  as  shown  by  the  last 
preceding  assessment  rolls  of  the  city. 

Sec.  7.  Estimates  by  Departments.  On  or  before  the  second  Mon- 
day in  March  of  each  year  the  several  departments  of  the  city  shall 
furnish  to  the  Department  of  Accounts  and  Finance  estimates  in  writ- 
ing of  the  probable  expenses  and  liabilities  to  be  incurred  in  their  sev- 


52 


eral  departments  for  the  current  fiscal  year,  specifying  in  detail  such 
probable  expenditures,  including  a statement  of  the  salaries  of  their 
officers  and  employes.  At  the  fourth  regular  meeting  of  the  commission 
in  the  month  of  March  in  each  year,  the  Department  of  Accounts  and 
Finance  shall  certify  to  the  commission  the  amounts  so  reported  by  the 
several  departments  of  the  city,  and  shall  also  certify  to  the  commission 
the  amount  of  money  necessary  to  be  raised  by  taxes  during  the  cur- 
rent fiscal  year  to  make  payment  of  interest  and  to  provide  for  all 
sinking  funds,  and  shall  report  the  principal  of  all  the  bonded  indebted- 
ness of  the  city,  and  shall  also  estimate  the  amount  of  revenue  to  the 
city  during  the  current  fiscal  year  from  all  sources  other  than  from  the 
tax  levy. 

Sec.  8.  Estimate  by  Commission.  From  such  estimates  so  furnished 
to  it,  the  commission  shall  at  its  second  regular  meeting  in  the  month 
of  April  in  each  year  make  estimates  of  all  the  expenditures  which 
will  be  required  to  be  made  from  the  several  general  funds  of  the  city 
during  the  current  year,  and  for  the  payment  of  interest,  sinking  funds 
and  indebtedness  to  fall  due  during  the  year. 

Sec.  9.  Same  Must  Be  Published.  The  commission  shall  also  in  the 
same  month  determine  upon  the  amount  required  to  be  raised  in  the 
next  general  tax  levy  to  meet  any  deficiencies  for  the  prior  year;  also  the 
amount  or  part  of  any  special  assessments  which  they  require  to  be 
levied  or  to  be  re-assessed  in  the  next  general  tax  rolls  of  the  city, 
upon  lands  in  any  main  sewer,  or  special  assessment  district,  or  upon 
any  parcel  of  lands,  or  against  any  particular  person,  as  a special  as- 
sessment. The  amounts  and  the  estimates  provided  in  this  and  the 
preceding  section  shall  be  published  in  full  in  one  or  more  newspapers 
published  in  the  city,  for  at  least  one  week  before  the  meeting  of  the 
commission,  at  which  the  annual  appropriation  bill  is  passed,  and  oppor- 
tunity given,  by  such  notice,  for  public  hearing  upon  said  estimates. 

Sec.  10.  Annual  Appropriation  Bill.  The  commission  shall  also  in 
said  month  of  April  pass  the  annual  appropriation  bill,  in  which  they 
shall  make  provision  for,  and  appropriate  the  several  amounts  required 
to  defray  the  expenditures  and  liabilities  of  the  corporation  for  the 
current  fiscal  year,  payable  from  the  several  funds,  as  estimated  and 
determined  upon,  as  provided  in  section  9 of  this  chapter,  and  order  the 
same,  or  so  much  of  such  amounts  as  may  be  necessary,  to  be  raised  by 
tax  with  the  next  general  tax  levy  and  to  be  paid  into  the  several  funds 
of  the  city;  but  the  whole  amount  so  ordered  to  be  raised  by  tax  shall 
not,  except  as  herein  otherwise  provided,  exceed  the  amount  which  the 
city  is  authorized  by  section  5 of  this  chapter  to  raise  by  general  tax 
during  the  year.  The  commission  shall  specify  in  such  bill  the  objects 
and  purposes  for  which  such  appropriations  are  made,  and  the  amount 
appropriated  for  each  object  or  purpose,  to  each  of  the  funds.  The 
commission  shall  also  designate  in  the  appropriation  bill,  the  sums,  if 
any,  required  to  be  levied  to  meet  any  deficiency  for  the  prior  year,  and 
the  amount  or  part  of  any  special  assessment,  or  other  sum  which  they 
require  to  be  levied  or  reassessed  as  mentioned  in  section  9 of  this 


53 


chapter,  and  the  disposition  to  be  made  of  such  moneys,  and  shall  also 
designate  in  said  bill  any  local  improvements  which  they  may  deem 
advisable  to  make  during  the  current  fiscal  year,  to  be  paid  for  in  whole 
or  in  part  by  special  assessments,  and  the  estimated  cost  thereof. 

Sec.  11.  Appropriations  Spread  Upon  Tax  Roll.  All  sums  ordered  in 
the  annual  appropriation  bill  in  any  year  to  be  raised  for  the  several 
funds,  and  all  sums  ordered  in  said  bill  to  be  levied  or  assessed  as  spe- 
cial assessments,  shall  forthwith  be  certified  by  the  city  clerk  to  the 
assessor  and  shall  be  levied  and  collected  upon  the  assessed  valuation 
of  all  taxable  property,  within  the  city,  or  upon  the  special  assessment 
district  as  the  case  may  be. 

Sec.  12.  No  Expenditure  Unless  Provided  in  Appropriations.  No 

improvement,  work,  repairs  or  expense,  to  be  paid  out  of  any  fund 
(excepting  as  herein  otherwise  provided),  shall  be  ordered,  commenced 
or  contracted  for,  or  incurred  in  any  fiscal  year,  unless  in  pursuance  of 
an  appropriation  specially  made  therefor,  in  the  last  preceding  annual 
appropriation  bill,  nor  shall  any  expenditure  be  made  or  liability  be 
incurred,  in  any  year,  for  any  such  work,  improvement,  repairs,  or  for 
any  purpose,  exceeding  the  appropriation  so  made  therefor;  nor  shall 
any  expenditure  be  made,  or  money  be  paid  out  of  any  fund  for  any 
purpose,  unless  appropriated  for  that  purpose  in  said  bill. 

Sec.  13.  No  Improvement  Exceeding  $1,000  Unless  Provided  in  Ap- 
propriations. No  work  or  improvement  to  be  paid  by  special  assess- 
ment costing  more  than  one  thousand  dollars  shall  be  ordered,  com- 
menced or  contracted  for,  nor  shall  any  assessment  be  levied  therefor 
in  any  year,  unless  the  intention  to  make  such  improvement  or  expendi- 
ture and  to  defray  the  cost  thereof  by  special  assessment,  was  set  fortn 
in  the  last  preceding  appropriation  bill;  provided,  however,  that  this 
section  shall  not  apply  to  any  public  improvement  ordered  by  the  com- 
mission upon  a petition  of  the  owners  of  a majority  of  the  lands  liable 
to  be  assessed  for  the  improvement. 

Sec.  14.  No  Public  Work  Until  Tax  Levied  to  Pay  Cost.  No  public 
work,  improvement  or  expenditure  shall  be  commenced,  nor  any  con- 
tract therefor  be  let  or  made  (except  as  herein  otherwise  provided), 
until  a tax  or  assessment  shall  have  been  levied  to  pay  the  cost  and  ex- 
pense thereof,  and  no  such  work  or  improvement  shall  be  paid  for,  or 
contracted  to  be  paid  for,  except  from  the  proceeds  of  the  tax  or  as- 
sessment thus  levied  or  from  the  proceeds  of  bonds  issued  in  anticipa- 
tion of  the  collection  of  said  tax. 

Sec.  15.  May  Borrow  on  Tax  Levies.  The  commission  shall  have 
authority  to  raise  money  by  loan  in  anticipation  of  the  receipts  from 
special  assessments  for  the  purpose  of  defraying  the  cost  of  the  im- 
provement for  which  the  assessment  was  levied.  Such  loan  shall  not 
exceed  the  amount  of  the  assessment  for  the  completion  of  the  whole 
work,  nor  shall  such  loan  be  negotiated  and  made  until  after  the  special 
assessment  has  been  determined  and  levied. 

Sec.  16.  Funds  Must  Be  Kept  Distinct.  All  moneys  and  taxes  raised, 
loaned  or  appropriated  for  the  purpose  of  any  particular  fund  shall  be 

54 


paid  into  and  credited  to  such  fund,  and  shall  be  applied  to  the  purpose 
for  which  such  moneys  were  raised  and  received,  and  to  none  other. 
Moneys  not  received  or  appropriated  for  any  particular  fund  shall  be 
credited  to  the  general  fund,  and  moneys  belonging  to  one  fund  shall 
not  be  transferred  to  any  other  fund. 

Sec.  17.  Money  Warrants.  No  money  shall  be  drawn  from  the 
treasury,  except  in  pursuance  of  the  authority  and  appropriation  of 
the  commission  and  upon  the  warrant  of  the  clerk,  countersigned  by  the 
mayor.  Such  warrant  shall  specify  the  fund  from  which  it  is  payable, 
and  shall  be  paid  from  no  other  fund. 

Sec.  18.  No  Contract  Liability  Until  Appropriation  Made.  Contract 
Void  Except  in  Case  of  Calamity.  Neither  the  commission  nor  any  of- 
ficer or  employe  of  the  city  shall  have  authority  to  make  any  contract 
involving  the  expenditure  of  public  money,  or  impose  upon  the  city  any 
liability  to  pay  money,  until  a definite  amount  of  money  shall  have  been 
appropriated  for  the  payment  of  all  pecuniary  liability  of  the  city  un- 
der such  contract  in  consequence  thereof  to  mature  during  the  period 
covered  by  the  contract.  Such  contract  shall  be  ab  initio  null  and 
void  as  to  the  city  for  any  other  or  future  liability;  provided,  first, 
that  nothing  herein  contained  shall  prevent  the  commission  from  pro- 
viding for  payment  of  any  expense,  the  necessity  of  which  is  caused 
by  any  casualty,  accident  or  public  calamity  arising  after  the  passage 
of  the  annual  appropriation  ordinance  and,  second,  that  the  provisions 
of  this  section  shall  not  apply  to  or  limit  the  authority  conferred  in 
relation  to  bonded  indebtedness,  ‘nor  for  moneys  to  be  collected  by  spe- 
cial assessment  for  local  improvements. 

Sec.  19.  Settlement  at  Close  of  Fiscal  Year.  Immediately  upon  the 
close  of  the  fiscal  year  the  commission  shall  audit  and  settle  the  ac- 
counts of  the  city  treasurer  and  other  officers  of  the  city,  and  the  ac- 
counts, also,  as  far  as  practicable,  of  all  persons  having  claims  against 
the  city,  or  accounts  with  it  not  previously  audited;  and  shall  make  out 
a statement  in  detail  of  the  receipts  and  expenditures  of  the  corpora- 
tion during  the  preceding  year,  which  statement  shall  distinctly  show 
the  amount  of  all  taxes  raised  during  the  preceding  year  for  all  pur- 
poses, and  the  amount  raised  for  each  fund;  the  amount  levied  by  spe- 
cial assessments  and  the  amount  collected  on  each;  and  the  amount  of 
money  borrowed,  and  upon  what  time  and  terms  and  for  what  purpose; 
also  the  items  and  amounts  received  from  all  sources  during  the  year, 
classifying  the  expenditures  for  each  purpose  separately. 

Statement  of  Financial  Matters.  Said  statement  shall  also  show 
the  amount  and  items  of  all  indebtedness  outstanding  against  the  city, 
and  to  whom  payable,  and  with  what  rate  of  interest;  the  amount  of 
salary  or  compensation  paid  or  payable  to  each  officer  of  the  city  for 
the  year,  and  such  other  information  as  shall  be  necessary  to  a full  un- 
derstanding of  all  the  financial  concerns  of  the  city. 

Sec.  20.  Statement  to  Be  Published.  Said  statement,  signed  by  the 
mayor  and  city  clerk,  shall  be  filed  in  the  office  of  the  city  clerk,  and 
a copy  thereof  published  in  one  of  the  newspapers  of  the  city. 

55 


Sec.  21.  Taxes  Due  June  10.  The  taxes  assessed  in  the  general  city- 
tax  roll,  including  the  school  taxes,  for  each  fiscal  year,  shall  be  due  and 
payable  on  the  first  day  of  July  of  each  year,  and  may  be  paid  at  any 
time  on  or  before  the  first  day  of  August,  of  the  same  year,  without 
any  collection  fee  or  additional  charge.  A charge  of  one  per  cent  shall 
be  added  to  all  unpaid  general  city  and  school  taxes  on  the  second  day 
of  August,  of  the  same  year,  and  thereafter  an  additional  charge  of  one 
per  cent  shall  be  made  and  added  to  all  such  unpaid  taxes  on  the  first 
day  of  each  month  during  which  such  taxes  shall  remain  unpaid,  until 
return  thereof,  together  with  such  accrued  penalties  or  charges,  shall 
be  made  to  the  county  treasurer.  And  the  said  county  treasurer,  or 
auditor  general  of  the  state,  as  the  case  may  be,  shall  account  to  the 
city  for  all  such  accrued  penalties  or  charges  in  excess  of  four  per  cent. 

Sec.  22.  Notice  That  Taxes  Are  Due  June  15.  The  city  treasurer 
shall  give  six  days’  notice  by  publishing  in  a daily  newspaper  published 
in  said  city,  for  the  six  secular  days  next  preceding  July  1st,  which  no- 
tice shall  be  a sufficient  demand  for  the  payment  of  all  taxes  on  said 
rolls,  and  that  the  payment  therein  specified  may  be  made  to  him  at 
any  time  up  to  and  including  the  first  day  of  August  without  any  col- 
lection fee  therefor;  provided,  that  an  addition  of  one  per  cent  shall  be 
made  thereto  on  the  second  day  of  August  and  on  the  first  day  of  each 
month  thereafter  that  the  tax  remains  unpaid  until  return  to  the  county 
treasurer  by  the  city  treasurer. 

Provided,  however,  that  the  failure  to  give  the  notice  specified  in  this 
section  for  the  payment  of  such  tax  shall  not  invalidate  the  said  tax, 
nor  release  the  persons  assessed  from  the  penalty  herein  specified. 

Sec.  23.  Lien.  The  taxes  so  assessed  shall  be  and  remain  a lien 
upon  the  lands  upon  which  they  are  levied  from  July  1st,  and  a charge 
against  the  persons  owning  the  property,  as  provided  for  in  the  general 
laws  of  the  state. 

Sec.  24.  Spread  State  and  County  Taxes.  During  the  month  of  No- 
vember, the  city  assessor  shall  apportion  and  spread  upon  the  tax  rolls 
all  state  and  county  taxes,  certified  to  him  by  the  board  of  supervisors, 
or  otherwise,  and  such  other  taxes  as  are  legally  required  to  be  spread 
on  the  rolls. 

Sec.  25.  Treasurer’s  Warrant.  On  the  first  day  of  December  in  each 
year  the  assessor  shall  deliver  said  roll  to  the  city  treasurer  with  a 
warrant  annexed  thereto,  signed  by  himself  and  the  mayor,  and  directed 
to  the  treasurer,  in  all  respects  as  near  as  may  be  similar  to  the  war- 
rants of  township  treasurers  for  the  collection  of  state  and  county 
taxes. 

Sec.  26.  Notice  That  State  Tax  Due.  Upon  receiving  said  tax  roll, 
as  herein  provided,  the  city  treasurer  shall  give  notice  to  the  taxpayers 
of  the  city  that  such  rolls  have  been  delivered  to  him,  and  that  the 
taxes  therein  levied  can  be  paid  to  him  at  his  office  at  any  time  from 
the  first  day  of  December  to  and  including  the  tenth  day  of  January 
next  ensuing,  without  any  charge  for  collection,  but  that  four  per  cent 
collection  fee  will  be  charged  and  collected  upon  all  taxes  remaining 


56 


unpaid  on  said  tenth  day  of  January.  Said  notice  shall  be  given  by 
publishing  the  same  six  successive  times  in  a daily  newspaper  published 
in  said  city.  But  any  defect  in  said  notice,  or  any  omission  to  comply 
with  the  provisions  of  this  section,  shall  not  invalidate  said  tax  roll  or 
any  measure  thereafter  to  be  taken  to  enforce  collection  of  the  taxes 
thereon. 

Sec.  27.  Collection  Fees  Belong  to  City.  The  fees  and  penalties  for 
the  collection  of  taxes  provided  for  by  this  Charter,  or  by  the  general 
laws  of  the  state,  shall  belong  to  the  city. 

Sec.  28.  State  Law  Governs  as  to  Delinquent  Taxes.  For  the  collec- 
tion of  all  taxes  remaining  unpaid  on  the  general  tax  roll  on  the  first 
day  of  August  and  on  the  tenth  day  of  January,  the  city  treasurer  shall 
proceed  in  the  same  manner  as  township  treasurers  are  required  by  law 
to  do  for  the  collection  of  taxes  in  townships,  and  shall  for  that  purpose 
have  all  the  power  and  authority  conferred  by  law  upon  township  treas- 
urers for  such  purposes.  And  it  is  hereby  made  mandatory  upon  the 
city  treasurer  to  exhaust  all  legal  remedies  for  the  collection  of  unpaid 
personal  tax  before  the  return  thereof. 

Sec.  29.  Treasurer  Shall  Pay  School  and  County  Moneys.  The  city 
treasurer  shall  within  ten  days  after  the  expiration  of  the  time  limited 
in  his  warrant,  or  in  case  of  extension  of  time  for  collecting  such  taxes, 
within  ten  days  after  such  time  has  expired,  pay  over  to  the  treasurer 
of  the  board  of  education  the  amount  which  by  law  is  payable  to  him, 
and  on  the  first  day  of  Marchj  or  within  ten  days  thereafter,  shall  pay 
to  the  treasurer  of  the  board  of  education  the  balance  which  by  law  is 
payable  to  him,  andr  the  county  treasurer  the  balance  which  by  law  is 
payable  to  him,  and  shall  make  his  returns  according  to  the  general 
laws  of  the  state  relating  to  township  treasurers,  except  as  herein  other- 
wise provided,  and  such  general  law  shall  govern  in  all  things  not  herein 
otherwise  provided  for. 

Sec.  30.  Special  Assessment.  When  any  special  assessment  is  to  be 
made  upon  the  lots  and  premises  in  any  special  district,  the  commission 
shall,  by  resolution,  direct  the  same  to  be  made  by  the  assessor  and  shall 
state  therein  the  amount  to  be  assessed,  according  to  benefit;  and  de- 
scribe or  designate  an  assessment  district  comprising  the  lands  to  be 
assessed. 

Sec.  31.  How  Made.  Upon  receiving  such  orders  and  direction,  the 
assessor  shall  make  out  an  assessment  roll,  entering  and  describing 
therein  all  the  lots,  premises  and  parcels  of  land  to  be  assessed,  with 
the  names  of  the  owners,  if  known,  chargeable  with  the  assessment 
thereon;  and  shall  levy  thereon  and  against  such  property  the  amount 
to  be  assessed,  in  the  manner  directed  by  tfye  commission  and  the  pro- 
visions of  this  Charter,  applicable  to  the  assessment.  In  all  cases  where 
the  ownership  of  any  description  is  unknown  to  the  assessor  he  shall  in 
lieu  of  the  name  of  the  owner  insert  the  name  “unknown”,  and  if  by 
mistake  or  otherwise  any  person  shall  be  improperly  designated  as  the 
owner  of  any  lot,  or  parcel  of  land  or  premises,  or  if  the  same  shall  be 
assessed  without  the  name  of  the  owner,  or  the  name  of  a person  other 


than  the  owner,  such  assessment  shall  not  for  any  such  cause  be  vitiated, 
but  shall,  in  all  respects,  be  as  valid  upon  and  against  such  lot,  parcel 
of  land  or  premises  as  though  assessed  in  the  name  of  the  proper  owner, 
and  when  the  assessment  roll  shall  have  been  confirmed  be  a lien  on 
such  lot,  parcel  of  land  or  premises,  and  collected  as  in  this  Charter 
provided. 

Sec.  32.  The  assessor  shall  assess  upon  each  lot  or  parcel  such  rel- 
ative portion  of  the  whole  sum  to  be  levied  as  shall  be  proportionate 
to  the  estimated  benefit  resulting  to  such  lot  from  the  improvement. 
When  he  shall  have  completed  the  assessment  roll  he  shall  report  the 
same  to  the  commission;  such  report,  to  be  signed  by  the  assessor,  may 
be  in  form  of  a certificate  endorsed  on  the  assessment  roll,  as  follows: 

State  of  Michigan, 

City  of  Marquette. 

To  the  Commission  of  the  City  of  Marquette: 

I hereby  certify  and  report  that  'the  foregoing  is  a special  assessment 
roll,  and  the  assessment  made  by  me  pursuant  to  a resolution  of  the 
commission  of  said  city,  adopted  (give  date)  for  the  purpose  of  paying 
that  part  of  the  cost  which  the  commission  decided  should  be  paid  and 
borne  by  special  assessment  for  the  (insert  here  the  object  of  the  as- 
sessment) ; that  in  making  such  assessment  I have,  as  near  as  may  be, 
and  according  to  my  best  judgment,  conformed  in  all  things  to  the  direc- 
tions contained  in  the  resolution  of  the  commission  herein  before  re- 
ferred to,  and  the  Charter  of  the  city  relating  to  such  assessments. 

Date 


Assessor. 

Sec.  33.  Single  Parcel.  When  any  expense  shall  be  incurred  by  the 
city  upon  or  in  respect  to  any  separate  or  single  lot,  parcel  of  land  or 
premises,  which,  by  the  provision  of  this  Charter,  the  commission  is 
authorized  to  charge  and  collect  as  a special  assessment  against  the 
same,  and  not  being  that  class  of  special  assessments  required  to  be 
made  pro  rata  upon  several  lots  or  parcels  of  land  in  a special  assess- 
ment district,  an  account  of  the  labor  or  services  for  which  such  expense 
was  incurred,  verified  by  the  commissioner  or  other  officer  under  whose 
direction  the  improvement  was  made,  with  a description  of  the  lot  or 
premises  upon  or  in  respect  to  which  the  expense  was  incurred,  and  the 
name  of  the  owner  or  person,  if  known,  chargeable  therewith,  shall  be 
reported  to  the  commission  in  such  manner  as  it  shall  prescribe.  And 
the  provisions  of  the  preceding  sections  of  this  chapter  with  reference 
to  special  assessments  generally,  and  the  proceedings  necessary  to  be 
had  before  making  the  improvements,  shall  not  apply  to  assessments  to 
cover  the  expenses  incurred,  in  respect  to  that  class  of  improvements 
contemplated  in  this  section. 

Sec.  34.  The  commission  shall  determine  what  amount  or  part 
of  every  such  expense  shall  be  charged,  and  the  person,  if  known, 
against  whom,  and  the  premises  upon  which  the  same  shall  be  levied 


58 


as  a special  assessment,  and  as  often  as  the  commission  shall  deem  it 
expedient  they  shall  require  all  of  the  several  amounts  so  reported  and 
determined,  and  the  several  lots  or  premises,  and  the  persons  charge- 
able therewith,  respectively,  to  be  reported  by  the  city  clerk  to  the 
assessor  for  assessment. 

Sec.  35.  Upon  receiving  the  report  mentioned  in  the  preceding 
section,  the  assessor  shall  make  a special  assessment  roll,  and 
levy  as  a special  assessment  therein,  upon  each  lot  or  parcel  of  land 
so  reported  to  him,  and  against  the  person  chargeable  therewith,  if 
known,  the  whole  amount  or  amounts  of  all  the  charges  so  directed  as 
aforesaid  to  be  levied  upon  each  of  such  lots  or  premises  respectively, 
and  when  completed  he  shall  report  the  assessment  to  the  commission, 
and  all  the  several  assessments  shall  be  kept  separate. 

Sec.  36.  Notice  of  Special  Assessment.  When  any  special  assess- 
ment roll  shall  be  reported  by  the  assessor  to  the  commission,  as  in  this 
Charter  directed,  the  same  shall  be  filed  in  the  office  of  the  city  clerk 
and  numbered  consecutively.  Before  adopting  such  assessment  roll,  the 
commission  shall  cause  notice  to  be  published  two  weeks  at  least  in 
some  newspaper  of  the  city,  of-  the  filing  of  the  same  with  the  city 
clerk,  and  appointing  a time  when  the  commission  and  assessor  will 
meet  to  review  said  assessment.  Any  person  objecting  to  the  assess- 
ment may  file  his  objection  thereto  in  writing  with  the  city  clerk.  The 
notice  provided  for  in  this  section  shall  be  addressed  to  the  persons 
whose  names  appear  upon  the  special  assessment  rdll,  and  to  all  others 
interested  therein,  and  may  be  in  the  following  form : 

Notice  of  Special  Assessment. 

To  (insert  the  names  of  the  persons  against  whom  the  assessment 
appears)  and  to  all  other  persons  interested,  take  notice:  That  the 
roll  of  the  special  assessment  heretofore  made  by  the  assessor  for  the 
purpose  of  defraying  that  part  of  the  cost  which  the  commission  de- 
cided should  be  paid  and  borne  by  special  assessment  for  the  (insert 
the  object  of  the  assessment  and  the  locality  of  the  proposed  improve- 
ment in  general  terms)  is  now  on  file  in  my  office  for  public  inspection. 
Notice  is  also  hereby  given  that  the  commission  and  assessor  of  the 
City  of  Marquette  will  meet  at  the  city  hall  in  said  city  on  (insert  the 
day  fixed  upon)  to  review  said  assessment,  at  which  time  and  place 
opportunity  will  be  given  all  persons  interested  to  be  heard. 

Date  


City  Clerk. 

Sec.  37.  At  the  time  and  place  appointed  for  the  purpose  as  afore- 
said, the  commission  and  assessor  shall  meet,  and  there,  or  at  some 
adjourned  meeting,  review  the  assessment  roll,  and  shall  hear  any  ob- 
jection to  any  assessment  which  may  be  made  by  any  person  deeming 
himself  aggrieved  thereby,  and  the  commission  may  correct  said  roll  as 
to  any  assessment,  or  description  of  premises,  appearing  therein,  and 
may  confirm  it  as  reported,  or  as  corrected;  or  they  may  refer  the 


assessment  back  to  the  assessor  for  revision;  or  annul  it  and  direct  a 
new  assessment,  in  which  case  the  same  proceedings  shall  be  held  as  in 
respect  to  the  previous  assessment.  When  a special  assessment  shall 
be  confirmed,  the  city  clerk  shall  make  an  endorsement  upon  the  roll 
showing  the  date  of  confirmation. 

Sec.  38.  Confirmation  Conclusive.  When  any  special  assessment 
shall  be  confirmed  by  the  commission,  it  shall  be  final  and  conclusive. 

Sec.  39.  Lien.  All  special  assessments  shall,  from  the  date  of  the 
confirmation  thereof, be  due  and  constitute  a debt  due  from  the  respective 
owners  and  a lien  upon  the  several  parcels  so  assessed  until  paid. 

Sec.  40.  Installments.  Upon  the  confirmation  of  any  special  assess- 
ment, the  amount  thereof  may  be  divided  into  not  more  than  five  in- 
stallments, one  of  which  shall  be  collected  each  year,  at  such  times  as 
the  commission  shall  determine,  with  annual  interest  at  a rate  not  ex- 
ceeding six  per  cent  per  annum,  but  the  whole  assessment  after 
confirmation  may  be  paid  to  the  city  treasurer  at  any  time  in  full, 
with  the  accrued  interest  thereon. 

Sec.  41.  Lien  Shall  Survive.  No  judgment  or  decree,  nor  any  act  of 
the  commission  invalidating  a special  assessment,  shall  destroy  or  im- 
pair the  lien  of  the  city  upon  the  premises  assessed,  for  such  amount 
of  the  assessment  as  may  be  equitably  charged  against  the  same,  or, 
as  by  a regular  mode  of  proceeding  might  have  been  lawfully  assessed 
thereon. 

Sec.  42.  Re-Assessment.  In  all  cases  of  special  assessments,  of  any 
kind  against  any  property  where  any  such  assessments  have  failed  to 
be  valid  in  whole  or  in  part,  the  commission  shall  be  and  it  is  hereby 
authorized  to  cause  to  be  re-assessed  such  special  taxes  or  assessments, 
and  to  enforce  their  collection.  Or  if  the  amount  assessed  shall  not  be 
sufficient  to  pay  the  portion  of  the  costs  of  such  improvements  made 
which  was  enjoined  on  the  property,  or  on  the  owners  of  property  in 
the  local  assessment  district  where  the  same  are  made,  it  shall  be  law- 
ful and  the  commission  is  hereby  directed  and  authorized  to  cause  to  be 
made  a re-assessment  upon  all  the  property  in  said  local  assessment 
district  to  pay  for  such  improvements,  and  to  continue  requiring  such 
re-assessments  until  a valid  and  sufficient  assessment  shall  have  been 
made. 

Sec.  43.  Collection  of  Special  Assessments.  Upon  the  confirmation 
of  any  special  assessment  roll,  the  same  shall  be  delivered  to  the  city 
treasurer  with  a warrant  annexed  and  signed  by  the  assessor  and 
mayor  directing  him  to  collect  the  same  within  sixty  days,  or  in  case 
the  amount  thereof  shall  have  been  divided  into  installments  as  pro- 
vided in  section  40  hereof,  the  said  warrant  shall  direct  a collection  of 
the  various  installments  within  sixty  days  after  they  shall  fully  become 
due. 

Sec.  44.  In  case  the  amount  of  said  special,  assessment  rolls, 
or  any  portion  thereof,  shall  not  be  paid  within  the  said  sixty  days, 
the  said  treasurer  shall  proceed  to  collect  the  same  in  the  manner 
directed  by  the  general  laws  of  the  state  for  the  collection  of  personal 


60 


taxes  by  a township  treasurer,  or,  if  the  commission  so  direct,  said 
delinquent  special  assessments  may  be  returned  to  the  assessor  and 
by  him  spread,  together  with  a penalty  of  one  per  cent,  upon  the  next 
general  tax  roll  to  be  prepared  by  him  in  a column  for  special  assess- 
ments, in  which  case  they  shall  be  collected  and  enforced  with  the  other 
taxes  in  the  tax  roll  and  in  the  same  manner. 

Sec.  45.  The  commission  shall  be  authorized  in  lieu  of  either 
of  the  foregoing  methods  to  collect  any  delinquent  special  assessment 
by  suit  in  assumpsit  in  the  name  of  the  city  against  the  person  assessed 
in  any  court  of  competent  jurisdiction.  In  such  action  a declaration 
upon  €he  common  counts  for  money  paid  shall  be  sufficient,  and  the 
special  assessment  roll  and  certified  copy  of  order  or  resolution  con- 
firming the  same  shall  be  prima  facia  evidence  of  the  regularity  of  all 
the  proceedings  in  making  the  said  assessment  and  of  the  right  of  the 
city  to  recover  judgment  therefor. 

Sec.  46.  If  for  any  reason  in  any  such  action  it  shall  appear 
that  by  reason  of  any  irregularities  or  informalities  the  assessment 
has  not  been  properly  made  against  the  defendant  or  upon  the  lot  or 
premises  sought  to  be  charged,  the  court  may  nevertheless,  on  satis- 
factory proof  that  expenses  have  been  incurred  by  the  city  which  are 
a proper  charge  against  the  defendant  or  against  the  lot  and  premises 
in  question  and  that  the  defendant  is  the  owner  thereof,  render  judg- 
ment for  the  amount  properly  chargeable  against  said  defendant  on 
account  of  said  lot  or  premises. 

CHAPTER  29. 

FINANCE,  REPORT  OF  SAME. 

Section  1.  Proviso.  Statement,  What  to  Contain.  The  commission 
shall,  on  or  before  February  first,  each  year,  cause  to  be  published  in  at 
least  one  daily  newspaper  printed  in  said  city,  a just  and  true  account 
of  all  the  moneys  received  and  expended  by  it  during  the  fiscal  year 
just  closed,  and  the  amount  of  unpaid  liabilities  and  claims.  Said 
statement  published  as  above  provided  shall  fully  specify  all  appropria- 
tions made  by  the  commission,  the  object  and  purpose  for  which  the 
same  were  made,  the  amount  of  money  expended  under  such  appro- 
priations, the  whole  amount  of  taxes  raised,  the  amount  expended  on 
highways,  streets,  bridges,  sidewalks,  crosswalks,  alleys,  water  and 
water  works,  police,  fire  department,  sewer,  electric  light  and  power 
department,  and  all  such  other  items  of  expense,  and  information  as 
shall  be  necessary  to-  a full  and  perfect  understanding  of  the  financial 
affairs  of  the  city. 

CHAPTER  30. 

BOARD  OF  REVIEW. 

Section  1.  Board  of  Review.  The  supervisors,  the  assessor  and  the 
commissioner  in  charge  of  the  Department  of  Accounts  and  Finance 
shall  constitute  the  Board  of  Review,  and  the  commissioner  shall  be  the 


61 


chairman  thereof.  The  clerk  of  the  city  shall  be  clerk,  and  keep  a record 
of  all  the  proceedings.  Four  members  shall  constitute  a quorum  to  do 
business. 

Sec.  2.  Inspect  Roll.  It  shall  be  the  duty  of  the  Board  of  Review 
after  the  assessor  shall  have  completed  the  assessment  roll,  and  prior 
to  the  days  appointed  by  law  for  the  review  of  the  same,  to  meet  on 
some  day  appointed  by  the  assessor  and  carefully  examine,  inspect  and 
compare  the  whole  of  said  roll. 

Sec.  3.  Review  Day.  The  said  Board  of  Review  shall  also  meet  at 
the  City  Hall  in  said  city  on  the  third  Monday  and  on  the  Tuesday, 
Wednesday,  Thursday,  Friday  and  Saturday  following  in  the  month  of 
April  in  each  year,  for  the  purpose  of  reviewing  the  assessment  roll  as 
provided  by  law.  All  changes  in  assessment  shall  be  by  motion  and 
by  vote,  by  call  of  the  ayes  and  nays. 

Sec.  4.  Publish  Notice.  The  assessor  shall  cause  a notice  to  the 
taxpayers  of  said  city  to  be  published  in  two  newspapers  published  in 
the  city  for  one  week  prior  to  the  time  of  any  meeting  of  the  Board 
of  Review,  stating  the  time  and  place  of  meeting  of  the  board  and 
the  object  for  which  it  will  meet.  A failure  to  give  such  notice  shall 
not  invalidate  the  tax. 

Sec.  5.  Personal  Property  Assessable.  Any  personal  property  in  this 
city  at  any  time  between  the  first  day  of  February  and  the  third  Mon- 
day in  April,  in  each  year,  not  exempt  from  taxation  and  not  assessed 
for  taxation  elsewhere  in  the  state  for  the  same  year,  shall  be  liable  to 
taxation  in  this  city  and  shall  be  embraced  in  the  assessment  roll  for 
that  year. 

Sec.  6.  Make  Changes.  Deliver  Roll  to  Treasurer.  The  assessor 
shall  make  such  changes,  additions  and  corrections  as  he  is  directed  to 
make  by  the  Board  of  Review,  and  when  the  assessment  or  tax  roll  is 
completed,  he  shall,  not  later  than  the  first  day  of  July,  deliver  said 
roll,  with  the  warrant  as  herein  provided,  signed  by  himself  and  mayor, 
to  the  treasurer. 

Sec.  7.  Pay.  Each  member  of  said  Board  of  Review,  except  the 
assessor,  shall  receive  for  his  services,  five  dollars  each  day  actually 
attending  said  board. 

CHAPTER  31. 

CITY  INDEBTEDNESS  AND  BONDS. 

Section  1.  Bond  Limit.  The  commission  shall  have  and  are  hereby 
vested  with  authority,  whenever  it  shall  deem  it  necessary  and  for  the 
best  interest  of  the  city,  to  borrow  money  on  the  credit  of  the  city  and 
issue  the  city’s  bonds  therefor  payable  at  such  rates  of  interest  not 
exceeding  six  per  cent  per  annum  as  they  shall  determine.  Provided, 
that  no  bonds  except  refunding,  special  assessment  and  emergency 
bonds  shall  be  issued  unless  three-fifths  of  the  electors  voting  upon  the 
question  either  at  a Charter  or  special  election  shall  be  in  favor  of  such 
loan;  but  before  any  loan  of  money  shall  be  authorized  by  a vote  of 
such  electors  of  said  city,  written  or  printed  notices  shall  be  posted 


62 


by  the  city  clerk  in  at  least  two  public  places  in  each  voting  district 
at  least  twenty  days  prior  to  such  election,  and  such  city  clerk  shall 
cause  notice  to  be  published  in  some  newspaper  printed  in  said  city 
for  the  same  period,  specifying  the  object  or  objects  for  which  money  is 
proposed  to  be  borrowed;  and  provided  further,  that  the  bonded  indebt- 
edness of  the  city  exclusive  of  school  bonds  and  bonds  issued  for  public 
improvements  in  connection  with  which  a special  assessment  district  is 
made  to  pay  therefor  shall  at  one  time  be  permitted  to  exceed  the 
amount  now  limited  under  the  Charter  and  special  acts  that  this  Char- 
ter supersedes,  except  that  the  limit  of  the  bonded  indebtedness  of  the 
city  may  be  raised  or  lowered  upon  a three-fifths  affirmative  vote  of  the 
electors  voting  on  the  question  at  a general  or  special  election,  and  if 
voted  upon  at  a special  election  the  same  must  be  voted  for  in  the 
affirmative  by  a vote  equal  to  not  less  than  fifty  per  cent  of  the  total 
vote  at  the  last  municipal  charter  election  and  in  the  affirmative  by 
not  less  than  two-thirds  of  all  voting  at  a special  election;  on  condition, 
however,  that  whatever  changes  shall  be  made  in  the  limit  of  the 
amount  of  money  which  may  be  borrowed  by  the  city,  such  changes 
shall  not  make  the  bond  limit  exceed  six  per  cent  of  the  assessed  valua- 
tion of  all  real  and  personal  property  in  the  city. 

Sec.  2.  Sinking  Fund.  No  bonds  shall  be  issued  without  providing 
a sinking  fund  to  pay  them  at  maturity;  provided,  that  no  sinking 
fund  shall  be  required  in  the  case  of  serial  bonds  which  fall  due  annually. 

Sec.  3.  Emergency  Bonds.  In  case  of  fire,  flood  or  other  calamity, 
the  commission  may  borrow  for  the  relief  of  the  inhabitants  of  said 
city  and  for  the  preservation  of  municipal  property  a sum  not  exceed- 
ing one-fourth  of  one  per  cent  of  the  assessed  valuation  of  all  real  and 
personal  property  in  the  city  due  in  not  more  than  three  years,  even  if 
such  loan  would  cause  the  indebtedness  of  the  city  to  exceed  the  limit 
fixed  in  the  Charter.  For  any  such  loans  lawfully  made  the  bonds  of 
the  city  may  be  issued  bearing  a rate  of  interest  not  exceeding  six  per 
cent. 

Sec.  4.  Bonds  Must  State  Purpose  of  Issue.  Every  bond  issued  by 
the  city  shall  be  made  payable  within  thirty  years  from  the  date  of 
issue,  and  shall  contain  on  its  face  a statement  specifying  the  object 
for  which  the  same  is  issued,  and  if  issued  for  the  purpose  of  raising 
money  for  public  improvement  the  particular  public  improvement  shall 
also  be  specified  on  the  face  of  such  bond,  and  it  shall  be  unlawful  for 
any  officer  of  such  city  to  sign  or  issue  any  such  bond  without  such 
matters  are  set  forth  on  the  face  of  the  same,  as  aforesaid,  or  to  use 
such  bonds  or  proceeds  from  the  sale  thereof,  for  any  other  object  then 
that  mentioned  on  the  face  of  such  bond. 

Sec.  5.  Net  Earnings  of  Utilities  in  Sinking  Fund.  The  commission 
shall  annually  determine  the  amount  necessary  to  be  set  aside  from  the 
surplus  revenues  derived  from  all  the  public  utilities  now  owned,  con- 
trolled and  operated  by  said  city,  or  any  public  utility  that  may  here- 
after be  acquired  by  said  city  for  the  payment  of  the  city’s  bonded 
indebtedness  as  the  same  shall  fall  due,  which  bonded  indebtedness 


63 


shall  also  include  the  bonds  of  School  District  No.  1 of  said  city  now 
outstanding  or  that  may  hereafter  be  issued  for  any  purpose  whatever. 
The  commission,  after  making  such  provision  for  the  payments  of  bonds, 
shall  use  any  surplus  revenue  remaining  annually  for  the  reduction  of 
taxation  in  such  manner  as  it  may  determine. 

Sec.  6.  Taxpayers  Can  Vote.  Whenever  any  question  is  submitted 
to  a vote  of  the  electors  of  the  city  which  involves  the  direct  expendi- 
ture of  public  money  or  the  issue  of  bonds,  every  person  who  has  prop- 
erty assessed  for  taxes  in  any  part  of  the  district  or  territory  to  be 
affected  by  the  result  of  such  election,  and  also  who  has  the  qualifica- 
tions of  male  electors  in  said  city,  and  only  such  persons,  shall  be  en- 
titled to  vote  thereon. 

Sec.  7.  Bonds  for  Public  Utilities.  Mortgage  bonds  which  do  not 
impose  any  liability  upon  the  city,  may  be  issued  to  acquire  or  operate 
such  public  utilities  as  the  city  may  lawfully  own  or  operate  above  the 
limitation  herein  above  mentioned;  the  Same  to  be  without  liability  on 
the  part  of  the  city,  other  than  as  secured  on  the  revenue  of  such  public 
utility  and  its  property  including  the  franchise.  When  such  bonds 
shall  be  issued  they  shall  state  the  terms  upon  which,  the  case  of  fore- 
closure, the  purchaser  may  operate  the  utility  foreclosed,  which  fran- 
chise or  term  shall  in  no  case  be  extended  by  said  sale  for  a longer 
period  than  twenty  years  from  the  date  of  sale  of  said  franchise. 

Sec.  8.  Record  of  Bonds.  A record  showing  the  dates,  numbers  and 
amount  of  all  bonds  issued  and  when  due  shall  be  kept  by  the  city 
clerk. 

CHAPTER  32. 

SCHOOLS. 

Section  1.  Entire  City  Single  School  District.  The  City  of  Mar- 
quette shall  constitute  a single  school  district.  The  Board  of  Educa- 
tion shall  be  a body  corporate,  by  the  name  and  style  of  the  Board  of 
Education  of  the  City  of  Marquette,  and  shall  possess  the  usual  powers 
of  corporations  for  public  purposes,  and  in  that  name  may  sue  and  be 
sued,  and  purchase,  acquire,  hold  and  dispose  of  such  real  and  personal 
property  as  is  authorized  to  be  purchased,  acquired  or  disposed  of  by 
this  Charter. 

Sec.  2.  Five  Members,  Three  Years’  Term.  The  Board  of  Education 
shall  consist  of  five  members,  elected  from  the  city  at  large  for  a term 
of  three  years  from  and  after  the  first  Tuesday  of  September  of  the 
year  when  elected,  and  until  their  successors  are  qualified  and  enter 
upon  the  duties  of  their  office. 

Sec.  3.  Present  Members  to  Hold  Office.  All  members  of  the  Board 
of  Education  heretofore  elected  or  appointed  under  the  provisions  of 
any  previous  Charter  shall  continue  to  hold  office  under  this  Charter 
until  the  expiration  of  the  term  for  which  they  were  elected  or  ap- 
pointed, and  until  their  successors  are  elected  and  qualified  and  enter 
upon  the  duties  of  their  office. 

Sec.  4.  Annual  Election.  There  shall  be  held  a regular  annual  elec- 


64 


tion  of  school  trustees  in  said  district  on  the  first  Monday  of  September 
of  each  year.  Such  annual  election  of  school  trustees,  as  above  pro- 
vided, shall  be  held  at  such  place  in  said  city  as  the  Board  of  School 
Trustees  shall  designate.  The  polls  shall  be  open  at  nine  o’clock  in  the 
forenoon  and  shall  continue  open  without  intermission  or  adjournment 
until  the  hour  of  eight  o’clock  in  the  afternoon,  at  which  time  they  shall 
be  finally  closed.  Said  election  shall  be  by  ballot,  and  shall,  except  as 
herein  otherwise  directed,  be  conducted  in  all  respects  in  the  manner 
provided  by  law  for  conducting  the  election  of  officers  in  graded  school 
districts.  Notices  of  the  time  and  place  of  holding  such  election  shall 
be  given  by  the  secretary  of  the  board,  at  least  ten  days  before  said 
election,  by  posting  such  notices  in  three  of  the  most  public  places  in 
each  ward  of  the  city,  and  by  publishing  a copy  thereof  in  one  or  more 
newspapers  published  in  the  city,  the  same  length  of  time  before  the 
election. 

Sec.  5.  Board  of  Inspectors.  The  president  and  secretary  of  the 
Board  of  School  Trustees,  and  one  other  trustee,  to  be  designated  by 
the  board,  shall  constitute  a Board  of  Inspectors  of  such  election,  and  if 
any  of  said  three  trustees  shall  not  be  present  at  the  time  of  the  open- 
ing of  the  polls  or  remain  in  attendance,  the  electors  present  may  choose 
viva  voce  such  number  of  such  electors  as  with  the  trustee  or  trustees 
present  shall  constitute  a board  of  three  inspectors  of  such  election. 
Each  of  said  inspectors  shall  take  the  required  oath  to  faithfully  per- 
form the  duties  of  inspector  of  such  election.  The  president  of  the 
board  shall  be  chairman  of  the  Board  of  Inspectors.  In  his  absence 
the  inspectors  shall  elect  one  of  their  number  as  such  chairman.  Every 
person  shall  be  entitled  to  vote  at  such  election  who  is  a qualified  voter 
of  the  city  or  qualified  by  the  laws  of  the  state  to  vote  at  any  election 
for  school  officers.  The  Board  of  Inspectors  shall  have  the  same  author- 
ity and  powers  in  maintaining  and  enforcing  order  and  obedience  to 
their  lawful  commands  at  such  elections  and  during  the  canvass  of  the 
votes  as  are  conferred  by  the  general  laws  of  the  state  upon  school  of- 
ficers in  similar  cases. 

Sec.  6.  Poll  List.  The  Board  of  Inspectors  shall  make  a poll  list  of 
the  names  of  persons  voting  at  such  election.  They  shall  also  have  the 
right  of  access  to  the  registration  books  of  the  several  wards  of  the 
city,  if  they  deem  it  necessary,  and  for  that  purpose  they  may  require 
the  city  clerk  to  attend  said  election  with  such  registers. 

Sec.  7.  Determination  of  Result.  When  said  polls  shall  be  finally 
closed,  the  Board  of  Inspectors  shall  immediately  proceed  publicly  to 
count,  determine  and  declare  the  number  of  votes  cast  and  for  whom, 
and  shall,  on  the  same  or  the  next  succeeding  day,  make  up  and  sign  a 
statement  in  writing,  showing  the  whole  number  of  votes  cast,  and  the 
number  of  votes  cast  for  each  person  for  whom  votes  were  cast,  which 
statement  shall  be  signed  by  the  inspectors,  and  together  with  the  min- 
utes and  other  papers  of  the  election,  shall  be  filed  with  the  secretary  of 
the  Board  of  School  Trustees.  The  person  or  persons  who  shall  have 
received  the  highest  number  of  votes  for  such  office  of  trustee  for  the 


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several  terms  designated  upon  the  ballot  shall  be  declared  elected,  and 
if  two  or  more  persons  shall  have  received  an  equal  number  of  votes 
where  only  one  trustee  is  to  be  elected,  said  inspectors  shall  choose  one 
of  such  persons  by  lot,  as  such  trustee.  The  ballots  shall,  when  the 
vote  shall  have  been  declared,  be  returned  to  the  box,  and  the  box  be 
locked  and  sealed  and  deposited  with  the  secretary  at  the  time  of  the 
filing  of  said  statement.  Every  person  so  declared  elected  to  the  office 
of  school  trustee,  under  the  provisions  of  this  act,  shall,  within  ten  days 
after  such  election,  qualify  by  taking  and  subscribing  the  required  oath 
of  office  and  filing  the  same  with  the  secretary  of  the  Board  of  School 
Trustees. 

Sec.  8.  School  Board  Pay  Expenses  of  Election.  The  Board  of  School 
Trustees  shall  pay  all  the  expenses  of  such  election  from  the  contingent 
fund  of  the  district,  and  shall  allow  each  inspector  of  election  the  same 
compensation  as  is  allowed  to  inspectors  at  city  elections. 

Sec.  9.  Annual  Budget.  It  shall  be  the  duty  of  the  trustees  of  said 
school  district  on  or  before  the  second  Monday  of  March  of  each  year 
to  certify  as  otherwise  provided  by  law,  to  the  commission,  all  sums 
to  be  raised  by  taxation  for  school  purposes  in  said  city  during  the  cur- 
rent year,  and  the  same  shall  be  levied  and  collected  with  the  other  city 
taxes. 

Sec.  10.  State  Law  to  Govern.  When  not  otherwise  provided  in  this 
Charter,  the  general  school  law  of  the  state  shall  govern  in  regard  to  all 
matters  pertaining  to  said  school  district. 

CHAPTER  33. 

FRANCHISES. 

Section  1.  Franchises  Revocable  Unless  Approved  by  Electors.  No 
franchise  which  is  not  subject  to  revocation  by  the  commission  shall  be 
issued  or  granted  unless  such  proposition  shall  have  first  received  the 
affirmative  vote  of  three-fifths  of  the  electors  of  the  city,  voting  thereon 
at  a regular  or  special  election,  and  upon  such  proposition  women  tax- 
payers having  the  qualifications  of  male  electors  shall  be  entitled  to 
vote.  The  question  of  granting  any  franchises  shall  be  submitted  to 
a vote  of  the  qualified  voters  thereon  of  the  city  upon  request  of  the 
applicant  for  such  franchise;  provided,  such  applicant  shall  deposit  with 
the  city  treasurer  upon  making  such  application  the  expenses  of  con- 
ducting such  election,  to  be  determined  by  estimate  of  the  commission. 

Sec.  2.  Franchise  Must  Specify  Streets,  Etc.  Every  franchise  or 
privilege  hereafter  granted  shall  plainly  specify  the  streets,  alleys,  ave- 
nues, or  property  to  which  the  same  shall  apply,  and  any  ambiguity  ap- 
pearing in  the  language  of  the  franchise,  grant  or  privilege,  shall  be  con- 
strued in  favor  of  the  city  and  against  the  claimant  under  such  grant. 

Sec.  3.  Franchises  Shall  Prohibit  Stock  on  Account  Thereof.  Every 
ordinance  granting  any  franchise  shall  prohibit  the  issuing  of  any  stock 
on  account  thereof,  or  based  upon  the  value  of  the  franchise,  to  an 
amount  in  excess  of  the  sum,  fixed  as  the  value  of  such  franchise  by  the 


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commission,  and  such  valuation  by  the  commission  shall  consist  of  the 
following  items  only: 

(a)  The  actual  expenses  incurred  by  the  grantee  of  such  franchise 
in  presenting  and  procuring  the  same  from  the  city,  including  the  ex- 
penses of  any  election,  if  one  be  held. 

(b)  Such  sum  as  the  commission  shall  determine  shall  be  reasonably 
sufficient  for  any  time  devoted  by  the  grantee,  or  services  rendered  by 
him,  in  procuring  such  franchise. 

Any  violations  of  this  section  shall  operate  as  a forfeiture  of  such 
franchise  and  the  same  shall  become  void  forthwith. 

Sec.  4.  Franchise  to  Specify  Commencement  and  Completion  of 
Work.  The  ordinance  granting  the  franchise,  permit,  or  privilege  shall 
state  when  the  construction  work  shall  commence,  which’  must  not  be 
more  than  six  months  from  the  date  of  the  taking  effect  of  the  ordinance 
granting  the  same,  and  shall  state  when  the  same  shall  be  in  operation 
to  perform  the  purposes  for  which  the  franchise  was  granted,  and  fail- 
ure to  commence  the  work  or  to  put  the  same  in  operation  as  provided 
in  the  franchise  shall  be  a forfeiture  of  all  rights  under  the  same  with- 
out any  action  on  the  part  of  the  commission;  provided,  however,  the 
commission  may  extend  the  time,  for  not  to  exceed  six  months,  by  an 
affirmative  vote  of  at  least  four  of  its  members  at  any  time  within  sixty 
days  previous  to  or  after  the  time  shall  expire. 

Sec.  5.  Enumeration  Not  Limitation.  The  enumeration  and  specifi- 
cation of  particular  matters  in  this  Charter  which  must  be  included  in 
every  franchise  or  grant  shall  never  be  construed  as  a limitation  upon 
the  powers  of  the  commission,  and  the  commission  shall  have  the  right 
to  impose  all  lawful  and  reasonable  restrictions,  regulations  and  require- 
ments. 

Sec.  6.  Franchise  Not  Exclusive.  No  exclusive  franchise  shall  ever 
be  granted,  and  no  franchise  shall  be  renewed  earlier  than  one  year  prior 
to  its  expiration. 

Sec.  7.  Commission  Shall  Have  Supervision.  The  commission  shall 
maintain  general  supervision  over  all  public  utility  companies,  in  so  far 
as  they  are  subject  to  municipal  control,  and  shall  cause  to  be  instituted 
such  actions  or  proceedings  as  may  be  necessary  to  enforce  such  control 
and  any  and  all  liabilities  against  any  such  utility  company. 

Sec.  8.  Franchise  Holder  Must  Make  Report.  The  commission  shall 
require  every  person  or  corporation  operating  under  any  franchise  or 
grant  from  the  city  to  submit  to  the  commission,  on  or  before  the  first 
day  of  March  in  each  and  every  year,  and  at  such  other  times  as  the 
commission  may  require,  a report,  verified  by  the  oath  of  the  president, 
or  treasurer,  or  general  manager  of  such  corporation,  showing  in  detail 
the  following  accounts: 

(a)  The  amount  of  its  authorized  capital  stock  and  the  amount 
thereof  issued  and  outstanding. 

(b)  The  amount  of  its  authorized  bonded  indebtedness  issued  and 
outstanding. 

(c)  Such  report  shall  be  in  the  form  and  shall  cover  such  period  as 

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the  commission  shall  specify  and  require,  and  such  persons  or  corpora- 
tions shall  exhibit  to  the  mayor  or  any  authorized  officer  or  representa- 
tive of  the  commission  all  the  books  and  records  pertaining  to  the  af- 
fairs of  such  persons  or  corporations  whenever  demanded.  Failure  or 
refusal  to  make  such  report  or  to  produce  and  exhibit  such  books  shall 
work  a forfeiture  of  the  franchise. 

Sec.  9.  Commission  May  Revoke  Franchise.  The  commission  may 
revoke,  cancel  or  annul  any  franchise  that  may  have  been  granted  by 
the  city  which  shall  have  become  void  or  forfeited  in  whole  or  in  part. 

Sec.  10.  Franchise  May  Provide  for  Purchasing.  Every  grant  or 
franchise  may  provide  certain  dates  or  periods  thereafter  upon  and  at 
which  the  city  shall  have  the  right  to  purchase  of  and  from  the  firm, 
person  or  corporation  holding  and  operating  under  such  grant  and  fran- 
chise, all  right,  title,  interests,  property  and  business  used,  owned,  oper- 
ated or  conducted  in  connection  with  or  under  or  by  virtue  of  such  grant 
or  franchise,  and  may  provide  for  the  taking  over  of  the  same  by  the 
city  upon  the  payment  therefor  of  its  then  fair  valuation;  provided, 
that  the  proposition  to  purchase  such  franchise  at  the  price  fixed  or 
agreed  upon  shall  receive  the  affirmative  vote  of  three-fifths  of  the  elec- 
tors qualified  to  vote  thereon  of  said  city  voting  thereon  at  a regular 
or  special  municipal  election. 

Sec.  11.  Valuation  Determined  by  Arbitration.  Whenever  the  city 
shall  elect  to  purchase  such  franchise  the  valuation  shall  be  determined 
by  arbitration,  unless  the  owners  of  such  property  and  franchise  shall 
agree  with  the  city  upon  a consideration  for  the  same,  and  if  determined 
by  arbitration  the  proceedings  shall  be  as  follows: 

The  commission  shall  select  one  arbitrator  and  the  owner  of  the 
property  or  franchise  shall  select  another,  and  the  two  thus  chosen  shall 
select  a third,  and  the  value  fixed  by  the  arbitrators,  or  a majority  of 
them  so  chosen,  shall  be  binding  upon  both  parties. 

Sec.  12.  Periodical  Adjustment  of  Rates.  Every  franchise  shall  con- 
tain a provision  naming  certain  dates  or  periods  when  the  rates  charge- 
able under  such  franchise  may  be  modified  and  fixed  by  the  commission 
for  the  next  period  of  such  franchise,  and  no  franchise  shall  be  valid 
unless  such  a provision  is  incorporated  therein. 

Sec.  13.  Modification  Made  in  Same  Manner  as  General  Grant.  No 
change  or  modification  of  any  franchise,  either  in  the  term  for  which  it 
is  granted,  or  the  rights,  privileges  and  provisions  thereof,  shall  be  made, 
except  in  the  same  manner  as  is  or  may  be  provided  for  the  granting  of 
the  franchise  in  the  first  instance,  and  except  in  case  of  forfeiture. 

Sec.  14.  May  Compel  Joint  Use  of  Utilities.  The  city,  by  and 
through  its  commission,  shall  have  the  power  to  require  any  corporation 
holding  a street  railway  franchise  from  the  city  to  allow  the  use  of  its 
tracks,  poles  and  wires  by  the  city  or  by  any  other  corporation  to  which 
the  city  shall  grant  a franchise,  upon  the  payment  of  a reasonable  sum 
for  rental  thereof,  and  any  franchise  or  right  which  may  hereafter  be 
granted  to  any  person  or  corporation  to  operate  a street  railway  within 
the  city  or  its  suburbs  shall  be  subject  to  the  condition  that  the  city 


68 


shall  have  the  right  to  grant  to  any  other  person  or  corporation  desiring 
to  build  or  operate  a street  railway  or  interurban  railway  within  or  into 
the  city,  the  right  to  operate  its  cars  over  the  tracks  of  the  said  street 
railway,  in  so  far  as  may  be  necessary  to  enter  and  leave  the  city,  and 
to  reach  the  section  thereof  used  for  business  purposes;  provided,  that 
the  persons  or  corporation  desiring  to  operate  its  cars  over  the  line  of 
said  street  railway  shall  be  unable  to  agree  with  the  owner  thereof  as 
to  the  reasonable  compensation  to  be  paid,  and  as  to  the  terms  and  con- 
ditions of  the  use  of  said  tracks  and  facilities,  then  the  commission  shall, 
by  resolution,  after  a fair  hearing  of  the  interested  parties,  fix  the 
terms  and  conditions  of  such  use,  and  the  compensation  to  be  paid 
therefor,  which  award  of  the  commission  when  so  made,  shall  be  binding 
on  and  observed  by  the  parties  concerned,  and  whether  inserted  in  the 
body  of  the  franchise  or  not,  the  provisions  of  this  section  shall  be 
deemed  to  be  a part  of  every  franchise  granted  to  any  street  railway  or 
railroad  corporation. 

Sec.  15.  Street  Railways  Must  Pave  Between  Tracks.  It  shall  also 
be  provided  in  each  and  every  franchise  for  the  building  and  operating 
of  a railroad  track  in  said  city,  that  the  grantee  or  grantees  shall  pave, 
clean  and  keep  in  repair  the  bed,  pavement  and  roadway  of  the  street 
or  alley  where  such  track  or  tracks  are  located  between  the  rails  and 
tracks  and  to  an  extent  of  not  less  than  24  inches  outside  of  the  rails 
of  said  tracks  as  used  and  located. 

Sec.  16.  Franchise  Record.  The  commission  shall  provide  and  cause 
to  be  kept  in  the  office  of  the  city  clerk  the  following  books  of  records 
and  references: 

(1)  A Franchise  Record,  indexed  and  of  proper  form,  in  which 
shall  be  transcribed  accurate  and  correct  copies  of  all  franchises  or 
grants  by  the  city  to  any  person,  persons  or  corporation  owning  or 
operating  any  public  utility.  The  index  of  such  record  shall  give  the 
name  of  the  grantee  and  thereafter  the  name  of  any  assignee  thereof. 
Such  record  shall  be  a complete  history  of  all  franchises  granted  by  the 
city,  and  shall  include  a comprehensive  and  convenient  reference  to  the 
action  of  the  commission  granting  the  same. 

(2)  Utility  Record.  A public  record  for  every  person,  firm  or  cor- 
poration owning  or  operating  any  public  utility  under  any  franchise 
granted  by  the  city,  into  which  shall  be  transcribed  accurate  and  cor- 
rect copies  of  each  and  every  franchise  granted  by  the  city  to  said 
person,  firm  or  corporation,  or  which  may  be  controlled  or  acquired  by 
them  or  it,  and  such  other  matters  of  information  and  public  interest 
as  the  commission  may  from  time  to  time  require.  The  provisions  of 
this  section  shall  apply  to  all  persons,  or  corporations  operating  under 
any  franchise  now  in  force  or  hereafter  granted  by  the  city. 

Sec.  17.  Commission  May  Allow  Use  of  Streets.  The  commission 
shall  have  authority  to  permit  any  railroad  company  or  street  railway 
company  to  lay  its  tracks  and  operate  its  road  with  steam,  electric  or 
other  power  across  streets,  highways,  and  public  alleys  of  the  city,  as 


the  commission  may  deem  expedient,  upon  such  terms  and  conditions, 
and  subject  to  such  regulations,  to  be  observed  by  said  company,  as  the 
said  commission  may  prescribe;  and  to  prohibit  the  laying  of  such 
tracks  or  operating  of  any  such  road  except  upon  such  terms  and  con- 
ditions. But  such  permission  shall  not  effect  the  right  or  claims  of  any 
persons  against  the  company  for  damages  sustained  by  reason  of  the 
construction  or  location  of  any  railroad  or  street  railway  across  such 
streets,  highways  or  alleys. 

Sec.  18.  May  Adopt  Regulations.  The  commission  may  establish 
regulations  and  adopt  ordinances  relative  to  any  franchise  or  any  party 
using  the  same  or  operating  thereunder  at  any  time  within  the  city  upon 
the  following  matters,  viz: 

(1)  May  provide  for  and  change  the  location  and  grade  of  street 
crossings  of  any  railroad  track. 

(2)  To  compel  any  railroad  company  or  street  railway  company 
to  raise  or  lower  their  railroad  track  to  conform  to  the  street  grades, 
which  may  be  established  by  the  city  from  time  to  time.  To  construct 
street  crossings  in  such  manner  and  with  such  protection  to  persons 
crossing  thereat,  as  the  commission  may  require. 

(3)  To  require  and  compel  any  railroad  company  and  any  street 
railway  company  to  make,  clean,  keep  open  and  repair  ditches,  drains 
along  and  under  or  across  their  railroad  tracks. 

(4)  To  erect  and  keep  in  repair  any  viaduct  over  or  tunnel  under 
such  street  or  over  and  under  any  such  track  or  tracks,  including  ap- 
proaches, as  may  be  by  the  commission  deemed  necessary  for  the  con- 
venience, safety  and  protection  of  the  public. 

(5)  To  pay  all  cost  of  grading,  paving,  repaving,  draining  and 
repairing  such  part  of  the  streets  and  alleys  as  is  or  may  be  used  or 
occupied  by  such  railroad  or  railway  company.  Such  cost  shall  be  a lien 
upon  the  property  and  franchise  of  the  company,  and  shall  be  assessed 
and  taxed  against  the  same  like  other  taxes.  The  portion  of  the  street 
or  alley  used  or  occupied  by  said  railway  companies  shall  be  deemed 
to  be  the  space  between  their  tracks  and  twenty-four  inches  on  the 
outside  of  their  rails  and  all  the  space  between  two  or  more  tracks, 
turnouts  or  switches. 

If  any  such  railroad  company  or  street  railway  company  shall  neg- 
lect to  perform  any  such  requirements  according  to  the  direction  of  the 
commission,  the  commission  may  cause  the  work  to  be  done  at  the 
expense  of  such  company,  and  the  amount  of  such  expense  shall  be  col- 
lected at  the  suit  of  the  city  against  the  company  in  a civil  action 
before  any  court,  or  the  commission  may  revoke  the  franchise  of  said 
company  for  failure  to  perform  any  such  requirements. 

Sec.  19.  Neither  the  mayor  nor  any  other  member  of  the  board  of 
commissioners,  nor  any  elective  or  appointive  employe  of  the  city, 
shall  be  directly  or  indirectly  in  the  employ  of  any  person,  company, 
or  corporation  holding  or  seeking  to  hold  any  franchise  of  the  City  of 
Marquette,  or  shall  receive  directly  or  indirectly,  any  wage,  commission, 
fee,  gift,  favor  or  payment  from  any  such  franchise  holder,  and  a vio- 

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lation  of  this  section  shall  ipso  facto  render  vacant  the  position  held 
by  the  person  so  violating  it,  and  shall  be  punished  as  bribery. 

CHAPTER  34. 

OTHER  PUBLIC  UTILITIES. 

Section  1.  Powers  of  Commission  Relative  to  Electric  Light  Plant 
and  Gas  Works.  If  the  commission  at  any  time  shall  decide  to  pur- 
chase or  construct  a gas  plant  or  works  or  other  public  utility,  it  shall 
have  power  to  purchase,  take,  and  hold  in  the  name  of  the  City  of 
Marquette  all  such  real  estate  situated  either  within  or  without  said 
city  as  shall  be  necessary  for  such  works  or  plant,  and  afford  necessary 
room  for  the  construction  thereof  and  the  appurtenances,  and  all 
structures,  erections  and  appliances  necessary  in  connection  therewith, 
and  to  construct  thereon  gas  plant  and  works  or  both  of  said  works 
or  plants  or  other  public  utilities. 

Sec.  2.  How  Approved.  That  no  such  gas  plant  or  works  or  other 
public  utility  shall  be  constructed  or  purchased  or  money  be  appro- 
priated therefor  until  such  proposition  shall  have  been  approved  by  a 
majority  of  three-fifths  of  all  the  qualified  taxpayers  of  said  city  voting 
upon  said  question  either  at  any  charter  election  or  at  a special  elec- 
tion called  by  the  commission  for  that  purpose,  at  such  time  and  in 
such  manner  as  said  commission  shall  specify. 

Sec.  3.  Commission  May  O.perate  Plant,  Fix  and  Collect  Rates.  And 
in  case  said  commission  shall  either  construct  or  purchase  any  such  gas 
plant  or  other  public  utilities,  or  shall  have  authority  to  operate  the 
same  for  public  and  commercial  purposes,  and  shall  have  power  to  fix 
rates  for  and  authority  to  collect  the  same  in  action  in  assumpsit,  in 
the  name  of  the  city,  in  any  court  of  competent  jurisdiction;  and  all 
moneys  received  therefrom  shall  be  paid  into  and  credited  to  the  general 
fund  of  the  city,  and  the  commission  shall  also  have  power  to  make 
rates  and  regulations  by  ordinances  or  otherwise,  as  may  be  necessary 
to  give  effect  to  this  chapter. 

CHAPTER  35. 

CONDUITS  AND  POLES. 

Section  1.  Power  of  Commission  Relative  to  Conduits  and  Poles. 

If  at  any  time  hereafter  the  commission  deem  it  best  to  adopt  a gen- 
eral plan  of  conduits  in  and  under  the  streets,  lanes,  alleys  and  public 
places  of  said  city,  or  of  conduits  in  a part  of  the  streets,  lanes,  alleys 
and  public  places  of  said  city,  and  poles  for  the  remainder  thereof  for 
the  purposes  of  containing  and  carrying  wires  and  appurtenances  used 
by  any  telegraph,  telephone,  electric  light,  street  railway  company  or 
any  other  person,  company  or  corporation  using  wires,  or  cables  for  the 
conveyance  of  electricity  through  the  streets,  lanes,  alleys,  or  public 
places  of  said  city  for  any  purpose,  they  shall  cause  to  be  made  and 
file  a definite  plan  of  the  same  and  of  the  estimated  cost  thereof,  and 


71 


shall  submit  the  question  of  whether  said  plan  shall  he  accepted  and 
adopted  or  not  to  the  determination  of  the  qualified  taxpayers  of  said 
city,  and  whether  bonds  should  be  issued,  and  the  amount  of  money, 
either  at  an  annual  city  election  or  at  a special  election  called  therefor. 

Sec.  2.  May  Collect  Rental  for  the  Use  of  Conduits  or  Poles.  The 
commission  shall  have  power  and  authority  and  shall  collect  a rental 
for  the  use  of  said  conduits  or  said  poles  when  owned  by  the  city  and 
make  rules  and  regulations  as  to  the  use. 

Sec.  3.  Corporation  to  Build  Conduits.  If  the  commission  shall  not 
deem  it  policy  to  build  conduits  as  above  provided,  or  erect  poles,  it  may 
by  ordinance  passed  in  the  affirmative  by  not  less  than  four  of  its 
members  compel  any  telegraph,  or  telephone  or  electric  light  company, 
for  the  protection  and  safety  of  the  general  public,  to  place  their  wires 
in  conduits,  or  underground  in  such  street  or  streets  or  part  of  street 
as  may  be  from  time  to  time  designated  by  the  commission,  the  expense 
of  building  and  constructing  the  same  to  be  borne  by  the  company  and 
the  work  to  be  done  under  the  supervision  of  the  Department  of  Public 
Works. 

CHAPTER  36. 

ELECTROLYSIS. 

Section  1.  Care  Exercised  Against  Electrolysis.  It  shall  be  the  duty 
of  all  persons,  companies,  and  corporations,  owning,  using  or  operating 
any  telegraph,  telephone,  electric  light  or  street  railroad  system,  or 
any  other  business  or  occupation,  using  electricity,  to  so  construct, 
manage  and  maintain  their  plant,  works  and  all  the  connections  there- 
with, as  not  to  injure  any  water  pipe  or  any  other  structure  or  property 
of  the  City  of  Marquette,  or  any  other  person,  company  or  individual 
by  means  of  such  electricity  causing  electrolysis. 

Sec.  2.  Rights  of  People  in  Regard  to  Damages.  Said  City  of  Mar- 
quette, or  any  person,  company  or  corporation  whose  property  has  been 
injured  by  any  such  electrical  current,  or  electrolysis,  shall  have  a right 
of  action  against  the  person,  company  or  corporation  so  causing  or  per- 
mitting such  injury  for  all  damages,  costs  and  expenses  caused  thereby. 

CHAPTER  37. 

CONDEMNATION  OF  PROPERTY. 

Section  1.  The  city  shall  have  the  power  to  take  private  property 
for  public  use  and  benefit  for  the  following  purposes: 

(1)  To  open  highways,  streets  and  alleys  for  public  use,  and  to 
* extend,  widen  and  straighten  the  same. 

(2)  To  obtain  sites  for  public  buildings,  structures  and  parks  for 
said  city. 

(3)  To  open  private  roads  and  alleys. 

(4)  To  lay  out  and  open  public  squares,  spaces,  market  grounds 
and  parks. 


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(5)  To  locate,  place  and  maintain  public  sewers,  water  pipes,  gas 
pipes  and  electric  light  and  power  poles  and  wires. 

(6)  To  fix,  locate  and  maintain  a dock  line,  retaining  walls  and 
wharves,  and  levees  along  any  stream,  lake,  bay  or  other  waters  within 
the  city. 

(7)  For  any  other  public  use  or  purpose  within  the  scope  of  its 
powers. 

The  proceedings  for  the  taking  of  private  property  for  any  of  the 
purposes  aforesaid  shall  be  governed  by  the  general  laws  of  the  state 
relating  to  taking  of  private  property  for  public  use. 

CHAPTER  38. 

PLATS  AND  RECORDING. 

Section  1.  Private  Plats  to  be  Approved  by  Commission  Before 
Recording.  No  private  plat  of  land  situated  in  the  City  of  Marquette 
shall  be  recorded  by  the  register  of  deeds  of  Marquette  County  or  be 
of  any  validity  until  approved  by  the  commission,  and  such  approval 
indorsed  thereon  by  the  certificate  of  the  clerk  of  said  city,  and  a copy 
of  the  plat  on  paper  of  the  size  prescribed  by  the  clerk,  and  an  abstract 
of  title,  from  some  reliable  abstract  office  in  the  County  of  Marquette, 
shall  be  deposited  at  the  office  of  the  clerk  of  the  city.  No  approval 
shall  be  granted  by  the  commission  of  any  plat  unless  the  streets 
thereof  correspond  in  width  and*  direction  or  are  so  arranged  as  to  be 
continuous  and  properly  connected  with  the  streets  of  the  adjacent 
parts  of  the  city,  and  the  streets  made  safe  to  travel  upon,  and  before 
action  is  taken  by  the  commission  the  same  shall  be  referred  to  the 
Department  of  Public  Works,  who  shall  report  in  writing  to  the  com- 
mission whether  the  above  has  been  complied  with. 

CHAPTER  39. 

LAPSE  OF  TIME  NO  BAR  TO  THE  CITY. 

Section  1.  Street.  No  title  shall  be  acquired,  or  gained  against  the 
city,  to  any  street,  lane,  alley,  park,  common,  public  square,  water 
course  or  other  public  property  in  said  city  or  belonging  thereto  by 
means  of  lapse  of  time,  encroachment,  enclosure;  or  adverse  use  or 
possession  of  the  same. 

Sec.  2.  No  right  shall  be  acquired  to  any  street,  lane,  alley,  park, 
common,  public  square,  water  course  or  other  public  property  in  said 
city,  or  any  part  thereof,  by  reason  that  the  same  has  been  assessed  as 
private  property  and  taxes  paid  thereon. 

CHAPTER  40. 

FINES  AND  FEES. 

Section  1.  Fines  to  Be  Paid  Into  Treasury.  Neglect  to  Pay  a Mis- 
demeanor. Penalty.  All  fines  for  a violation  of  any  by-law  and  ordi- 

73 


nance  of  said  city  and  fees  received  by  city  officials,  except  as  herein- 
after otherwise  provided,  shall  be  paid  into  the  treasury  of  said  city 
by  the  officer  or  person  receiving  the  same,  and  any  person  who  shall 
neglect  or  refuse  to  pay  the  same  after  the  time  prescribed  in  this 
Charter,  or  in  a reasonable  time  after  demand,  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail,  or  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court.  All  fines  recovered  for 
any  violation  of  any  law  of  this  state  and  for  a violation  of  any  by- 
law or  ordinance  of  said  city,  which  the  law  requires  to  be  paid  to  the 
county  treasurer,  shall  be  paid  to  the  treasurer  of  the  County  of  Mar- 
quette, and  all  expenses  and  costs  of  apprehending,  examining,  trying 
and  committing  offenders  against  any  of  the  laws  of  the  state,  or 
against  any  such  by-law  or  ordinance  of  said  city,  where  the  fines 
recovered  are  by  law  required  to  be  paid  to  the  county  treasurer,  shall 
be  audited,  allowed,  and  paid  by  the  board  of  supervisors  of  the  said 
County  of  Marquette  to  the  City  of  Marquette,  the  same  as  if  such 
expense  and  costs  had  been  incurred  in  any  township  of  said  county. 

CHAPTER  41. 

MISCELLANEOUS  PROVISIONS. 

Section  1.  Old  Boards  Continue  Until  Commission  Engaged.  After 
the  adoption  of  this  Charter,  and  until  the  members  composing  the 
commission  shall  be  elected  and  qualified  and  organized  as  a commission, 
the  common  council  of  the  city,  and  all  the  present  boards  and  commis- 
sions of  the  City  of  Marquette  and  the  officers  and  employes  under 
them  shall  continue  to  exercise  and  perform  the  several  duties  and 
have  the  same  powers  and  duties  as  are  given  to  each  of  them  under 
the  Charter  that  this  Charter  supersedes. 

Sec.  2.  Old  Boards  Abolished.  Subordinate  Officers  Continued.  After 
the  organization  of  the  commission  as  herein  provided,  the  present 
common  council,  consisting  of  mayor  and  aldermen,  the  police  commis- 
sion, the  park,  cemetery  and  street  commission,  the  board  of  fire 
and  water  commissioners,  the  light  and  power  commission  and  the 
Peter  White  public  library,  are  hereby  each  abolished,  and  all  of  the 
powers,  rights  and  duties  vested  in  them  are  transferred  and  continued 
in  the  commission.  The  control  and  direction  of  all  subordinate  officers 
under  them,  or  either  of  them,  are  hereby  transferred  to  the  commission 
and  shall  continue  until  changed  by  the  commission. 

Sec.  3.  Acts  Repealed.  Saving  Clause.  All  acts  and  parts  of  acts 
heretofore  passed  inconsistent  with  the  provisions  of  this  Charter,  are 
hereby  repealed.  Nothing  herein  contained  shall  be  construed  to  de- 
stroy, impair,  or  take  away  any  right  or  remedy  acquired  by  the  Char- 
ter hereby  repealed  unless  specifically  mentioned,  and  all  proceedings 
commenced  under  such  former  Charter  shall  be  carried  out  and  com- 
pleted and  all  prosecutions  for  any  offense  committed  or  penalty  or 

74 


forfeiture  shall  be  enforced  in  the  same  manner  in  all  respects  and  with 
the  same  effect  as  if  this  Charter  had  not  been  adopted.  Nothing  in  this 
section  contained  shall  be  so  construed  as  to  annul  or  impair  or  affect 
any  ordinance,  by-law,  resolution  or  proceeding  of  said  city  not  incon- 
sistent with  the  provisions  of  this  Charter,  and  the  same  shall  continue 
and  be  in  full  force  until  the  same  shall  be  amended  or  repealed  as 
fully  as  though  this  Charter  had  not  been  adopted. 

Sec.  4.  Rights,  Demands,  etc.,  to  Belong  to  City.  All  personal  prop- 
erty and  real  estate,  franchises,  rights,  credits,  and  effects  whatsoever, 
and  all  and  every  right  or  interest  therein  belonging  to  the  City  of 
Marquette  under  and  by  virtue  of  any  former  Charter,  shall  fully  and 
absolutely  Jjelong  to  the  corporation  hereby  created,  and  all  demands 
due  and  to  grow  due  to  the  same  shall  be  continued  by  this  Charter, 
saving,  nevertheless,  to  all  and  every  person  his  or  their  just  rights 
therein,  and  all  and  singular  the  estates  and  rights  as  aforesaid  shall 
be  fully  vested  in  the  corporation  hereby  created  and  continued,  and 
every  person  who  is  or  shall  be  possessed  thereof,  shall  deliver  the  same 
to  the  City  of  Marquette,  with  all  moneys,  deeds,  evidences  of  debt, 
property,  books,  papers  or  records  touching  or  concerning  the  same 
when  legally  required  so  to  do.  Said  city  may  bring  suit  in  its  cor- 
porate name  for  the  recovery  of  same;  and  the  corporation  hereby 
created  and  continued  shall  be  liable  for  and  pay  all  debts  due  from, 
or  claims,  or  demands  against  the  City  of  Marquette,  heretofore  exist- 
ing, and  all  contracts  or  agreements  heretofore  made  or  entered  into 
by  the  corporate  authorities  of  the  City  of  Marquette  shall  be  and  the 
same  are  hereby  made  binding  and  obligatory  upon  the  corporation 
hereby  created  and  continued. 

Sec.  5.  The  Charter  Public  Act.  This  Charter,  when  approved  by  the 
governor  and  the  electors  of  the  City  of  Marquette  as  provided  by  Act 
No.  279  of  the  session  laws  of  1909  as  amended,  shall  be  deemed  a public 
act,  and  shall  be  favorably  construed  in  all  courts  and  places  what- 
soever, and  can  be  altered  and  changed  as  provided  by  the  statutes  of 
the  State  of  Michigan. 

Sec.  6.  City  offices  shall  be  kept  open  during  such  hours  as  may  be 
designated  from  time  to  time  by  the  commission. 

Sec.  7.  Books  to  Be  Closed  at  Change  of  Charter.  Upon  the  adop- 
tion of  this  Charter,  all  the  public  records  and  books  of  account  belong- 
ing to  the  city  shall  be  audited,  closed  and  balanced  up  to  such  date, 
and  a new  record  and  entry  relating  to  such  matters  shall  be  com- 
menced and  made  as  of  the  day  when  this  Charter  becomes  operative. 

Sec.  8.  Date  of  Taking  Effect.  If  adopted,  this  Charter  shall  take 
effect  on  the  29th  day  of  December,  1913. 

Sec.  9.  First  Election.  The  first  election  for  mayor  and  commis- 
sioners held  hereunder  shall  be  held  on  the  fourth  Monday  in  January, 
1914,  and  the  term  of  the  mayor  and  commissioners  so  elected  shall 
terminate  as  follows:  Mayor,  January  2nd,  1919;  the  commissioner 
receiving  the  highest  number  of  votes,  January  2nd,  1918;  the  com- 
missioner receiving  the  second  highest  number  oT  votes,  January  2nd, 


75 


1917 ; the  commissioner  receiving  the  third  highest  number  of  votes, 
January  2nd,  1916;  the  commissioner  receiving  the  fourth  highest  num- 
ber of  votes,  January  2nd,  1915;  and  the  mayor  and  commissioners  so 
elected  shall  take  office  on  the  first  Monday  in  February  following  said 
election,  and  shall  meet  as  soon  as  may  be  thereafter  and  organize  as  in 
this  Charter  provided. 


CHAPTER  42. 

SUBMISSION. 

Section  1.  Submission.  This  Charter  shall  be  submitted  to  the  elec- 
tors of  the  City  of  Marquette,  for  approval  or  rejection,  at  the  Charter 
election  held  on  the  twenty-ninth  day  of  November,  1913. 

Sec.  2.  Notice  of  Election.  The  recorder  of  the  city  shall  give  notice 
of  said  submission  in  the  same  manner  and  for  the  same  time  that 
notice  is  now  given  for  Charter  elections.  He  shall  provide  ballot 
boxes  at  each  of  the  several  voting  precincts,  and  the  board  of  inspectors 
shall  keep  a list  of  the  electors  voting. 

Sec.  3.  It  shall  be-  the  duty  of  the  mayor,  city  council  and  the  city 
clerk  and  other  officers  in  office  when  this  Charter  is  adopted,  to  comply 
with  all  the  requirements  of  this  Charter  relating  to  nominations  and 
elections,  to  the  end  that  all  things  may  be  done  necessary  to  the  nom- 
ination and  election  of  the  first  officers  to  be  elected  under  this  Charter 
according  to  the  provisions  hereof. 

Sec.  4.  Ballots.  The  recorder  shall  prepare  the  ballots  and  supply 
each  precinct  with  a sufficient  number  of  ballots. 

The  ballots  shall  read: 

For  the  revised  Charter  Yes  [ ] 

For  the  revised  Charter  No  [ ] 

and  the  elector  shall  mark  his  vote  with  a cross  in  the  square  opposite 
the  word  expressing  his  choice. 

Sec.  5.  The  inspectors  of  the  election  in  the  several  precincts  shall 
make  their  returns,  and  the  common  council  of  the  city  shall  canvass 
and  declare  the  result  of  said  election  in  the  manner  and  time  provided 
by  the  Charter  of  the  City  of  Marquette  now  in  force  for  return  and 
canvass  of  votes  at  charter  elections. 

Sec.  6.  If  the  majority  of  the  votes  cast  on  the  question  shall  show 
in  the  affirmative,  the  common  council  of  the  City  of  Marquette  shall 
declare  that  the  same  has  been  adopted,  and  shall  immediately  there- 
after call  the  primary  and  municipal  Charter  elections  hereinbefore 
provided  for. 


76 


Meeting  of  the  Board  of  Charter  Commissioners  of  the  City  of  Mar- 
quette duly  called  and  held  at  the  City  Hall,  in  said  city,  on  the  27th  day 
of  August,  A.  D.  1913. 

By  Commissioner  J.  H.  Godwin: 

Resolved,  That  the  Board  of  Charter  Commissioners  of  the  City  of 
Marquette  does  hereby  adopt  the  foregoing  proposed  Charter  as  pre- 
sented at  this  meeting  of  the  Board  of  Charter  Commissioners,  and  that 
the  same  be  presented  to  the  governor  of  the  state  for  his  approval  in 
accordance  with  the  statutes  of  the  State  of  Michigan. 

Further  Resolved,  by  the  commission,  that  November  29th,  A.  D. 
1913,  be  and  the  same  is  hereby  fixed  as  the  time  for  the  submission  of 
said  proposed  Charter  to  the  electors  of  the  City  of  Marquette,  in  case 
the  same  shall  be 'approved  by  the  governor  of  the  Statte  of  Michigan. 

Further  Resolved,  That  preliminary  to  the  submission  of  the  said 
proposed  Charter  to  the  electors  of  the  City  of  Marquette,  the  same  be 
published  in  both  of  the  daily  newspapers  of  the  City  of  Marquette  at 
least  sixty  days  before  the  said  29th  day  of  November,  A.  D.  1913,  and 
that  twelve  hundred  copies  be  published  in  pamphlet  form  to  be  dis- 
tributed from  the  office  of  the  recorder  of  said  city. 

Approved : 

JOSEPH  C.  GANNON,  Chairman. 

CHARLES  E.  BROWN. 

HARLOW  A.  CLARK. 

J.  H.  GODWIN. 

J.  E.  LAUTNER. 

GEO.  A.  McKEREGHAN. 

WILLIAM  A.  ROSS. 

W.  J.  SMAIL. 

Approved:  WOODBRIDGE  N.  FERRIS, 

Governor. 

I,  Daniel  S.  Donovan,  recorder  of  the  City  of  Marquette,  Michigan, 
hereby  certify  that  on  the  24th  day  of  May,  1913,  eight 
commissioners,  viz:  Joseph  C.  Gannon,  Charles  E.  Brown,  Harlow  A. 
Clark,  J.  H.  Godwin,  J.  E.  Lautner,  George  A.  McKereghan,  William  A. 
Ross  and  W.  J.  Smail,  were  duly  elected  commissioners  to  prepare  and 
propose  a revision  of  the  Charter  of  the  City  of  Marquette;  that  on  the 
3rd  day  of  June,  1913,  all  of  said  commissioners  duly  qualified  and  elect- 
ed Joseph  C.  Gannon  chairman,  and  proceeded  to  prepare  a revision  of 
the  Charter  of  said  city,  all  in  accordance  with  Act  279  of  the  Public 
Acts  of  1909. 

I further  certify,  that  at  a meeting  of  the  said  commissioners  duly 
called  and  held  on  the  27th  day  of  August,  A.  D.  1913,  the  foregoing 
resolutions  were  unanimously  adopted  by  the  said  commissioners,  and 
that  said  resolutions  and  the  foregoing  proposed  Charter  were  filed  by 


77 


the  said  commissioners  in  my  office  on  the  28th  day  of  August,  A.  D. 
1913. 

Witness,  my  hand  and  the  official  seal  of  the  City  of  Marquette  this 
28th  day  of  August,  A.  D.  1913. 

DANIEL  S.  DONOVAN, 

Recorder  of  the  City  of  Marquette. 

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